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  1. #1

    Question Out Of State Warrant, And Signing The Waiver

    My question involves an arrest warrant from the State of: Mo. a friend was picked up here in n.y. drivng while talking on the phone and when arrested this warrant popped up. He signed the waiver to be picked up, but our question is how long can he be held in this state ny waitng for the other state to come, is there a time limit? He thinks or read in the law library that it could be 30 days but the 30 days are up. This is a case from 2001 for stealing. Hes been locked up since April 28th went back to court today but it was adjourned to June, He was never produced in court today and his legal aid lawyer didnt see him to let him know what happened in court and why it was adjourned.Could this be adjourned for an unlimited of time.

  2. #2
    Join Date
    Jul 2006

    Default Re: Out Of State Warrant, And Signing The Waiver

    From the New York statutes:

    570.36 Commitment to await requisition; bail. If from the examination before the local criminal court it appears that the person held is the person charged with having committed the crime alleged, and, except in cases arising under section 570.14 or 570.16, that he has fled from justice, the local criminal court must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in the next section, or until he shall be legally discharged.

    570.40 Extension of time of commitment; adjournment. If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond or undertaking, a local criminal court may discharge him or may recommit him for a further period of sixty days, or for further periods not to exceed in the aggregate sixty days, or a supreme court justice or county judge may again take bail for his appearance and surrender, as provided in section 570.38 but within a period not to exceed sixty days after the date of such new bond or undertaking.

    Also another point that I should note, but may not be relevant:

    Though discussing the powers of the governor to refuse a demand for extradition, a New York court long ago wisely reasoned that:

    [i]f [a defendant] has committed offenses against the laws of two states, it is not for him [or her] to choose in which state he [or she] shall be held to answer. Naturally he [or she] would always choose that in which the punishment would be the lighter, or the chances of conviction the least. . . .

    In the very nature of things, it is desirable that the power should rest somewhere in the state to refuse to give up a prisoner until he has satisfied the claims of the state against him, or to waive the enforcement of those claims, and surrender him to another state for the satisfaction of its laws. If such power did not exist, a criminal might easily evade or postpone his just punishment for the gravest of crimes committed in one state by the commission of a crime of much less magnitude in another.

    People ex rel. Gallagher v. Hagan, 34 Misc. 85, __, 69 N.Y.S. 475, 477 (1901).

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