Legal Question in Criminal Law in Pennsylvania
Holding time limits
If a person has been arrested on an out of state bench warrant, how long can the facility hold him before giving him an extradition hearing? If he is not granted one, should he be released?
2 Answers from Attorneys
Re: Holding time limits
Generally, you can be held for 90 or 120 days, before you should be arrested. When a person is arrested on a warrant from another juridiction, in this case another state, the holding juridiction gives the foreign jurisdiction time to get a "Governor's Warrant" You should be given a court date every 30 days until the final day and if nothing else is holding you, you will be released.
Re: Holding time limits
What specifically was the individually charged with....ie...why did he receive a bench warrant? If this matter is in reference to a summary offense it is unlikely that the state in question will proceed with an extradition proceeding. However, if the individual has been charged with a misdemeanor or a felony then it is more than likely that DA from the state in question would petition the Commonwealth for extradition. In any event contact and retain an attorney ASAP, feel free to contact my office at your earliest convenience.
Sincerely,
Marc V. Taiani, Esquire
AAAL - Allegheny Attorneys At Law, P.C.
412.731.0865 (Office)
www.AlleghenyAttorneys.com
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