How long can the county hold someone pending extradition if the state that issues the warrant is not responding?

My husband was arrested friday morning on a outstanding warrant dated back 20 years.He was released from CDOC 4 years ago and paroled here in our current state, the PO contacted them and they stated that the warrant was non-extraditable and he was released from parole. He had a court date today and it was rescheduled till tomorrow pending documentation. He has been in county now 5 days with out being seen by a judge.

Asked on July 10, 2012 under Criminal Law, Colorado

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

A county court has no set timeline for holding an inmate if that inmate has an open warrant in another state or jurisdiction. However, usually after a week or so without having any word on whether or not a person will be extradited, the person in custody will usually be released. To speed up the process, you can hire an attorney to file a emergency Habeas Corpus motion to grant the release of your husband from custody if you can show that there are no legal grounds to hold him custody for an extended period of time.


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