My question involves criminal law for the state of: Texas
My fiance has a pending 3rd degree felony chargein Texas(also a habitual offender) and was out on bond(surety). He has been living with me in MI for six months and goes to Texas once a month for court. He wanted to take case to trial so was refusing to take any offers prosecutor was offering. My fiance has had six resets. Prior to his last court date his lawyer told him that prosecutor wanted to reindict him on a higher charge,which because of his record would have been a 15-99 sentence if convicted. Well my fiance missed court and a bond forfeiture warrant was issued(in-state only). Bounty hunters arrested him in MI and took him to county jail. The jail said that they could not hold him because warrant was "in state" only. So they went out for breakfast and waited for phone call from Tx(bondsman?courts?). They stated that everything was all set now and took my fiance back to jail and he was booked. He is here in a MI county jail and charge says the charge he was facing in Tx(doesn't say bond forfeiture). He has been in for five days now and not in housing unit. I spoke with jail today and they told me there currently isn't an extradition warrant yet. I have a few questions.....
1. If he waives extradition how long does Tx have to pick him up? And do the days he has already been in count toward that timeframe or start when they issue the extradition?
2. If he fights extradition, how long does that take and most importantly do the days he served during the fight count toward his sentence in Tx if convicted?
3. If extradited and convicted do they stack 3rd deg & bond forfeiture? Or do they run concurrent?
4. Is there a Tx law on maximum distance they will travel to extradite?
Any knowledge and/or resources are greatly appreciated.
My fiance has a pending 3rd degree felony chargein Texas(also a habitual offender) and was out on bond(surety). He has been living with me in MI for six months and goes to Texas once a month for court. He wanted to take case to trial so was refusing to take any offers prosecutor was offering. My fiance has had six resets. Prior to his last court date his lawyer told him that prosecutor wanted to reindict him on a higher charge,which because of his record would have been a 15-99 sentence if convicted. Well my fiance missed court and a bond forfeiture warrant was issued(in-state only). Bounty hunters arrested him in MI and took him to county jail. The jail said that they could not hold him because warrant was "in state" only. So they went out for breakfast and waited for phone call from Tx(bondsman?courts?). They stated that everything was all set now and took my fiance back to jail and he was booked. He is here in a MI county jail and charge says the charge he was facing in Tx(doesn't say bond forfeiture). He has been in for five days now and not in housing unit. I spoke with jail today and they told me there currently isn't an extradition warrant yet. I have a few questions.....
1. If he waives extradition how long does Tx have to pick him up? And do the days he has already been in count toward that timeframe or start when they issue the extradition?
2. If he fights extradition, how long does that take and most importantly do the days he served during the fight count toward his sentence in Tx if convicted?
3. If extradited and convicted do they stack 3rd deg & bond forfeiture? Or do they run concurrent?
4. Is there a Tx law on maximum distance they will travel to extradite?
Any knowledge and/or resources are greatly appreciated.
Extradition: Extradition Limitations and Distance
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