Legal Question in Criminal Law in North Carolina

Extradition

What is the time frame that an individual already incarcerated has to be extradited to another state(new hampshire to north carolina). Will the time already served in one state be counted as time served in another while waiting to be extradited? How long before extradition no longer avaible? What then? PLEASE HELP ME!!!!


Asked on 7/13/01, 12:14 am

1 Answer from Attorneys

Thomas Morgan Law Offices of Thomas Morgan PC

Re: Extradition

You need to check the uniform deatiners act. you need to file a request that you be brought to the state you think may have detainers lodged against you; that state is obligated to file their request that you be transported to their state within 6 months of your request; the question of whether the time in one state counts towards a sentence in another state is an open question that can vary from state to state; that issue is not specifically addressed in the uniform detainers act. It can also depend on which state is giving you credit and for what (time served, etc.). Generally, if you are serving a sentence and are not being held in lieu of bail, the time of one state's sentence is not going to count against another states unless you can get a specific order that sentences are served concurrant. Under the uniform detainers act (RSA606-A/NCGS Sections 15A-761) you must file a request certified and the responding state must bring you to trial within 180 days or generally be barred from doing so.

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Answered on 7/13/01, 4:32 pm


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