Cumberland, MD asked in Criminal Law for Maryland

Q: I’m aware that the timeline is 30 days for most extraditions between states however I’ve been told that the timeline…

…is 72 hrs if the states in question border each other. Is this correct?

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2 Lawyer Answers
Scott Scherr
Scott Scherr
Answered
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

A: That is not correct. Maryland will hold you for up to 30 days to see if any state (including a border state) will come and get you.

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: It's always 30 days, but that is just the outer limit under the uniform extradition statute adopted all states. In practicality, assuming the defendant waives the extradition hearing (e.g., not contesting it), the warrant state will arrange to come get the defendant as soon as reasonably practical within the 30 days. If a bordering state only needs to send one or two officers on a roundtrip drive during a normal day's shift, they can schedule that a lot faster than, say, a roundtrip airline flight, or a long drive that requires an overinight in a motel. Therefore, in practice, the closer the warrant-issuing jurisdiction, the faster they will come and get the defendant. That often is 1 to 3 days when the jurisdictions are within a couple hour drive.

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