How long can a state hold someone for an out-of-state warrant?

My husband was arrested 09/10/10 for an out of state warrant on a drug possession charge for which he was already tried for back in 2006-2007. I believe it was a 3rd degree felony in which the original charge was for. The warrant was initiated in TX. As of right now they still have not decided if he will be extradited. What kind of time could he serve if found guilty? This was his first offense and has had nothing else since this incident. Is there anything we can do to keep him on his current probation status?

Asked on September 14, 2010 under Criminal Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the situation is really how you state in your question then I would go and seek legal help with all of this as soon as you can.  Was this a warrant for the initial drug charge or a violation of probation (for leaving the state maybe?) afterwards?  There are instances where probation can be served i one state evn though it was from another state but you have to apply to the department of corrections or your probation department for that privilege.  You can not just leave the state.  How long will they hold him?  Well, they should not hold him for an unreasonable amount of time but they could hold him until Texas responds to the extradition issue.  Get help.  Good luck.

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