Winters, CA asked in Criminal Law for California

Q: Can my husband still be extradited back to Kansas on a pending case when that case is almost 3 years old?

My husband currently is serving a prison sentence in CA. He has an active hold against him from the state of Kansas in which he had a pending case that is almost 3 years old. A year ago he received documents in regards to his out of state warrant and was noted in the document that the other party (Kansas) would have 180 days to extradite him. It has been past 180 days and the hold remains active

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1 Lawyer Answer
Kevin E Mitchell
Kevin E Mitchell
  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Yes, since he was already in custody on the California case, Kansas can't pick him up on the warrant. They can't extradite without a hearing unless he waives. Usually the hearing occurs close to his scheduled release date in CA.

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