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  1. #1
    Join Date
    Jan 2016
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    Default How Long Can Somebody be Held Pending Extradition

    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?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Extradition for Probation Violation

    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?

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: Extradition for Probation Violation

    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.

  4. #4
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    Jan 2016
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    6

    Default Re: Extradition for Probation Violation

    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.

  5. #5
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    Jan 2006
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    Default Re: Extradition for Probation Violation

    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.

  6. #6
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    Jan 2016
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    Default Re: Extradition for Probation Violation

    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?

  7. #7
    Join Date
    Sep 2010
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    Default Re: Extradition for Probation Violation

    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.

  8. #8
    Join Date
    Jan 2016
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    6

    Default Re: Extradition for Probation Violation

    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?

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: Extradition for Probation Violation

    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.

  10. #10
    Join Date
    Jan 2016
    Posts
    6

    Default Re: Extradition for Probation Violation

    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.

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