“I have a friend who is in a jail in Erie County and he’s awaiting extradition to another State outside of New York. How long can New York wait before extraditing him?”

images (3).jpg

First, under New York State law, the Erie County District Attorney may ask for up to 90 days to obtain a Governor’s warrant. Alternatively, a person awaiting extradition may waive the extradition proceedings. Although a State may have the right to retrieve a person, in the case of a misdemeanor it is not likely. Because of the time and cost, generally, the State of New York will only retrieve a person who is charged with a Felony. It is also less likely with less serious charges simply because of the time limits. New York must move rather quickly, within 90 days, to retrieve the accused.

In the end, the short answer is 90 days, but that time limit could also be waived.

For more questions, contact a Criminal Defense Attorney in Buffalo Ny.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s