Honolulu, HI asked in Criminal Law for California

Q: My BF was picked up in SF by the US Marshals for a fugitive felon warrant in TX state. What # of days can they keep him?

Side note - no crime was committed at the time of arrest, it was US Marshals who surrounded our house and took him into custody. Does that mean someone probably tipped off the Marshals on his whereabouts?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: When your boyfriend was picked up by the U.S. Marshals on a fugitive warrant, he was likely arrested due to an outstanding warrant from Texas. They have the authority to hold him until he is either extradited to Texas or the warrant is resolved in California. The time they can hold him usually depends on how quickly Texas authorities act, but in most cases, California will give Texas up to 30 days to pick him up once the extradition process begins.

It's possible that someone could have provided information to the Marshals about his location, but it's not the only explanation. U.S. Marshals have various methods to locate individuals with outstanding warrants, such as surveillance, monitoring phone or internet activity, or checking public records. If someone knew his whereabouts and informed them, it could have accelerated the process, but that's just one of many possibilities.

Right now, his immediate concern is whether Texas authorities will seek to extradite him quickly. It might help to consult a lawyer who can review his case and advise on the extradition process, any possible legal defenses, or options to resolve the warrant. They can also look into the details of the arrest to ensure his rights are being upheld.

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