Chicago, IL asked in Criminal Law for Illinois

Q: What happens after 30 days of a jail holding you and you not getting transported to the original county?

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1 Lawyer Answer
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Criminal Law Lawyer
  • Wheeling, IL
  • Licensed in Illinois

A: The United States has two major legislative extradition provisions: Article IV of the Constitution and the Uniform Criminal Extradition Act. The Extradition Clause of the Constitution lists “felonies and other crimes”, but the Uniform Criminal Extradition Act sets forth an extradition procedure for misdemeanor crimes. Some states do detain a fugitive with out of state misdemeanor warrant unless it is a felony offense.

Officers receive outstanding felony warrants data issued by a routine query in the National Crime Information Center database. A fugitive’s custody starts the clock.

If the outstanding felony warrant was issued by the federal court, the fugitive is transferred to U.S. Marshalls without any delay.

If a fugitive is arrested on an out of state warrant, it is up to the state of the original warrant to complete extradition within 30 days. The holding state may honor the extension request so the extradition gets approved by the court.

Also, a holding sovereign state may refuse extradition, and may release the fugitive which point the defendant may be released.

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