My question involves criminal law for: Oregon
My husband is waiting to be extradited from a county jail in Oregon back to Virginia. Is there a time frame in which they have to pick him up?
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My question involves criminal law for: Oregon
My husband is waiting to be extradited from a county jail in Oregon back to Virginia. Is there a time frame in which they have to pick him up?
Yes and no. The holding state is not required to hold the fugitive any longer than 30 days but they can if the holding state asks them to.
Has he waived his rights to fight extradition? If not has there been an extradition hearing?
You should keep all your questions in one thread. I'd have answered you differently there if you'd provided ALL the information rather than scattering it around different threads.
Sorry, this is the first time and wasnt sure how to post.
He did not go before a judge. A sheriff asked him if he would sign the extradition paper agreeing to go back, that it was pointless for him to fight it unless he could prove he didn't skip probation and that the form he was signing was just to confirm that they have the right person in custody.
So now he waits. Virginia can take as long as Oregon will hold him but Oregon doesn't have to hold him beyond 30 days.
Thank you very much for answering my questions.
If they take longer than 30 day's is there anything we can do for his release and as of now if he was to get a lawyer is there anything a lawyer could do?
You need a lawyer in Oregon anyhow. He can we working on the probation violation case and possibly work at arranging a reasonable transfer. He may be able to get a bond in place for the appearance in Oregon.
Understand, it's highly unlikely that he is NOT going back to Oregon. What he's facing there, there hasn't been enough information disclosed to determine what he's up against, but he's used up an tendency towards leniency by absconding.
He is in Oregon now with no charges against him they are just holding him because of the warrent in Virginia. Virginia said they will extradit him, it has been about 10 day's but he hasn't heard anything more.
He had been on probation for 2 years before coming to Oregon. He has 3 and half years hanging over him in Virginia. Is there any chance Virginia could drop the extradition and set up a court date for him to reappear?
What is the original charge?
why would Virginia not extradite him? He has already proven he wasn't worthy of the trust given when they put him on probation.
He was charged 8 years ago for obtaining drugs by fraud.
I was told by an officer that sometimes the demanding state will drop the extradition if they don't want to pay the cost and will set a new court date.
Possible, he could released on the promise he'd get his posterior back to the probation hearing in Oregon, but given his behavior, it's possibly wishful thinking unless a judge can convince them he can assure his client will appear.
On the Oregon side of things the issue is pretty simple. Assuming Virginia presented a valid warrant the only reason that the Oregon court would deny extradition is if your husband could convince the court that he was not the person sought in the warrant. He can slow down extradition by forcing the hearing if he wants, but he likely sits in jail until he plays out that process and in the end he'll likely end up extradited anyway. So in most cases fighting the extradition is simply not worth the time, expense, and effort and it is better to simply waive it and deal with the charges back in the other state. Your husband may wish to consult an Oregon attorney on that part of it.