How long can someone be held in jail awaiting extradition?
An agent of the executive of the state demanding extradition must appear to receive the prisoner, which must occur within 30 days from time of arrest, or the prisoner may be released. Some states allow longer waiting periods, of up to 90 days.
What happens if a state does not extradite?
If the fugitive refuses to waive extradition, the first state will request to have the individual returned. Return requests are handled through the office of the governor of each state and must be approved by both.
How long does an extradition take?
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The state that issued the extradition warrant will then have 21 days to pick up the person and bring them back to the home state. However the process to return a fugitive to the demanding state may take from 1-3 months.
Can a state refuse extradition?
The request for extradition could be refused if the person is being tried for the extradition offence in the courts of the requested State or if the accused satisfies that the prosecution in the requested State is unjust, oppressive, prejudiced, or discriminatory.