“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?”

Andrew Tabashneck Attorney in Buffalo New York

Andrew Tabashneck attorney in Buffalo New York who specializes in Criminal Defense

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 Andrew Tabashneck attorney for a free consultation.

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