Legal Question in Criminal Law in Wisconsin

speedy trial in extradition

Authorities in another state have caused my arrest and has requested extradition from Wisconsin, where I have resided for the past 18 years. The underlying charges from the demanding state are from 1985 (18 years old). The demanding state knew of my whereaboutd in WI all these years, but failed to seek me under the Extradition Act until now. There are other factors too numerous to mention here. Questions: 1. Can WI court's hear my speedy trial argument, or is this an issue that must be raised in the demanding state? (any citations to support response). Thank you.


Asked on 8/26/03, 10:54 pm

1 Answer from Attorneys
Timothy Alan Provis Appellate Counsel

Re: speedy trial in extradition

Dear ?,

Generally speaking, the only legal issues in fighting an extradition demand are a) whether the extradition statute has been scrupulously complied with; 2) whether the extradition papers are properly drawn and 3) whether there is probable cause for the arrest. Speedy trial is generally not an issue in extradition proceedings.

If you are planning on fighting extradition, you need an experienced counsel. There are some legal matters, e.g., small claims court, which lay people can and should handle for themselves. Fighting extradition is NOT one of these matters. I do not do this work but I can try to refer you to someone who does if you will either e-mail me privately at [email protected] or telephone (608) 233-2067.

Yours,

Tim Provis

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Answered on 8/27/03, 12:16 am


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