Q: What happens to a waiver of extradition then the defendant is incarcerated in the state he currently resides?
My husband was charged with a felony in Kansas while out of town for work. He was picked up on a probation violation in Missouri where he found out about the charges and signed a waiver of extradition. He was detained for 3 months while waiting for he probation violation hearing where the revoked his probation and sentenced him to D.O.C. How can we take care of the charges in Kansas? The department of Corrections tells him nothing can be done until the issue a detainer. Will they issue one after he signed the waiver of extradition, which has now been six months ago? DOes the process start all over?
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A:
When a waiver of extradition is signed, it typically allows the state where the charges originated to request the individual's return without further legal proceedings. Since your husband is now incarcerated in Missouri, Kansas may still need to issue a detainer to formally request his transfer. The six-month gap might have caused delays, but the process doesn’t necessarily start over.
It's important to communicate with both Missouri’s Department of Corrections and Kansas authorities to ensure all paperwork is in order. Sometimes, administrative oversights can delay the issuance of a detainer, so following up regularly can help move things forward.
Additionally, consulting with a legal professional can provide clarity on your husband’s specific situation and help navigate any complexities involved. They can assist in ensuring that all necessary steps are taken to address the Kansas charges and facilitate a smoother resolution.
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