My question involves criminal law for the state of: Texas
My fiance' has a pending charge in Tx and was out on bond. He lives with me in MI as of February. The charge is felony 3rd degree and he is habitual offender. He wanted to take to trial so wouldnt accept any plea bargin. The prosecuter then wanted to reindict him on a more serious offense. Unfortunately he missed a court date and was issued bond forfeiture warrant.
He was then picked up by bounty hunters in MI(the bounty hunters are from MI). They took him to county jail and the jail said that they couldnt hold him because the warrant was "in state only" so the bounty hunters went for breakfast and then received call from someone in Tx and said everything was all set now. So my fiance was taken back to county jail and booked. His charge showing in current jail says the charge that he was facing in Tx(not the bond forfeiture charge) and dispositon says "holder". He has been in county jail four days now and today they told me there is no extradition warrant yet. I am inquiring about a few things......
1. If he waives extradition, how long does Tx have to pick him up?
2. If he fights extradition does his time served in MI count toward his sentence if convicted?
3. How far will Tx travel to extradite? Is there an actual law on distance?
4. If Tx fails to extradite him in timeframe they are suppose to will the pending charges and bond forfeiture be dismissed?
Any and all knowledge and/or resources for research are greatly appreciated.
My fiance' has a pending charge in Tx and was out on bond. He lives with me in MI as of February. The charge is felony 3rd degree and he is habitual offender. He wanted to take to trial so wouldnt accept any plea bargin. The prosecuter then wanted to reindict him on a more serious offense. Unfortunately he missed a court date and was issued bond forfeiture warrant.
He was then picked up by bounty hunters in MI(the bounty hunters are from MI). They took him to county jail and the jail said that they couldnt hold him because the warrant was "in state only" so the bounty hunters went for breakfast and then received call from someone in Tx and said everything was all set now. So my fiance was taken back to county jail and booked. His charge showing in current jail says the charge that he was facing in Tx(not the bond forfeiture charge) and dispositon says "holder". He has been in county jail four days now and today they told me there is no extradition warrant yet. I am inquiring about a few things......
1. If he waives extradition, how long does Tx have to pick him up?
2. If he fights extradition does his time served in MI count toward his sentence if convicted?
3. How far will Tx travel to extradite? Is there an actual law on distance?
4. If Tx fails to extradite him in timeframe they are suppose to will the pending charges and bond forfeiture be dismissed?
Any and all knowledge and/or resources for research are greatly appreciated.
Extradition: Extradition Distance Limitations
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