My husband is being held in Massachusetts on a warrent from South Carolina. My questions is what are the laws on extradition from Massachusetts to South Carolina and how long can Massachusetts hold him waiting for South Carolina to come and get him? The warrent is on probation violation. Please Help
2 Answers from Attorneys
Between 1 and 2 weeks if yoyur husband waives extradition and consents to be transported to South Carolina. Up to 90 days (without credit) if he challenges the warrant.
If the bench warrant is from out of state, your husband, an alleged fugitive from that state (SC), has an absolute right to contest the warrant and require that South Carolina produce a governor's warrant prior to Massachusetts permitting his removal from their custody. If your husband does not contest the out of state warrant, he can waive "extradition", which means he will wait a period of between 1 and 2 weeks prior to being picked up by authorities from South Carolina. It is common for fugitives to waive extradition so as not to spend up to 90 days in jail waiting for a governor's warrant... this time spent waiting on the governor's warrant will not count toward any credit for "time served" on the underlying charge in South Carlina case.
If South Carolina declines to come and get him, then the Commonwealth will release your husband on a "personal recognizance" (PR) Bond to travel to and appear in South Carolina on his own. The warrant will not be cancelled - he will just be given the opportunity to turn himself in by a date certain (set by the judge) or be subject to arrest again and re-start the process.
Ray is essentially correct.
I would add that the DA or police should have or will have to contact SC to see their level of interest. Your husband ot his lawyer should get a short return date for status. You did not say if your spouse agreed to be extradited.
It is very hard to contest a proper extradition warrant. The level of interest in your husband ususally depends on the charges and crimes alleged in the SC case.
If you have questions, or need assistance, contact me.
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