Can time served in one state, during which time a warrant was issued, be applied to a sentence if the individual is to be extradited to another state?

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Can time served in one state, during which time a warrant was issued, be applied to a sentence if the individual is to be extradited to another state?

Almost a year ago my boyfriend was arrested for a charge in NYC a week before he was to turn himself in to begin a year term in NJ. Then 4 months ago, while detained in NY, a warrant was issued out of NJ due to the fact that he had not appeared in court. As of 1 week ago, the charges against him in NYC were dismissed and he has a court date in 2 weeks to initiate the extradition process to NJ. My question is whether or not it is likely that the 4 months that he has been held waiting for his next court date will be deducted from the overall term that he will have to serve in NJ?

Asked on June 16, 2011 under Criminal Law, New York

Answers:

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

Answered 9 years ago | Contributor

On the outset I thought absolutely not: you can not get credit for time served in one state for a sentence in another state.  But really there are exceptions to that very obvious - or so I thought - rule.  In Wisconsin, for instance, if you are picked up for an outstanding warrant from another state and jailed because of it then when you are sentenced in the other state for the crime that the warrant was issued you will indeed be given time served.  So it really depends on the connection between the warrant and the time served and the state in which the warrant was issued.  Here you also added to the mix the fact that he was "detained" in New York.  Hummm.....  I think that you should speak with an attorney in your area to sort this out.  Good luck.


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