How long should it take to extradite someone fromone state to another?

My son is currently waiting extradition from AL to TN and all they keep doing is sending him more papers every 30 days and keep lifting the holds and putting them back on. How long can they do this?

Asked on September 9, 2010 under Criminal Law, Alabama


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The back and forth on the holds may be an issue in processing or court congestion from and to either the Alabama Court or Tennessee Court.  If your son hasn't reviewed the extradition waiver with his local criminal defense counsel or public defender, he should in order to process the matter quicker.   Is he awaiting extradition in such a way that he cannot leave on his own recognizance and surrender himself to the Tennessee court?  If not, he really needs to speak with counsel because he needs to find out whether the error is on the Alabama side, the Tennessee side or if this is simply a matter of the courts being busier than ever.  You can also check the extradition agreement between the two states by contacting the department of corrections in Alabama.  Alabama law seems to indicate it must hold the prisoner until the next state is ready to have the inmate proceed to Tennesee. 

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