Does a preliminary hearing come before an extradition hearing?

If charged with a crime out of your home state where you reside, and you ask for extradition hearing, do you still have the preliminary hearing and if so does this hearing come before the extradition hearing.?

Asked on July 18, 2010 under Criminal Law, Pennsylvania

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Every state is different in terms of what the preliminary hearing is called and whether it comes before certain other motions.  The intent of a preliminary hearing is just that, to determine if there is enough evidence to have probable cause to hold you over for trial.  What happens from the result of the preliminary hearing will solely be up to you, your counsel and the prosecutor.  The court has to have jurisdiction over you to have such a hearing.  If the non home state has such jurisdiction over you for a matter, it would make sense to have the preliminary hearing and then have an extradition hearing if the home state so requests to extradite you. Extradition hearings can also be waived. The waiver may impact the preliminary hearing but usually what occurs is if you have the extradition hearing first (let's say the home state issued the warrant), then you can choose to be extradited to the home state (waiver of your rights) and be held for the preliminary hearing in the home state.


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