I received three questions on this already - who knew it would be such an interesting topic?
First, if someone cannot afford bail but does not want to wait ninety days, is there a way to speed up the extradition process? Yes. You have the right to waive extradition. When someone waives extradition, he avoids the ninety day period of waiting for the governor's warrant. Instead, he is simply ordered extradited and the thirty day countdown for physical removal begins. Waiving extradition can save a person up to ninety days in jail.
Be warned, however, (and this is question number two), that the Philadelphia court order will read "extradited pending the resolution of all matters in Pennsylvania". That means if a person has an open warrants or cases in the Commonwealth, he has to complete and resolve those matters prior to the start of the thirty day clock. If it takes six months (or longer) to do this, too bad! The person is held in custody without bail. Therefore, a person should never waive extradition if he has any open matters in Pennsylvania.
Finally, question three: What happens if someone is extradited but the demanding jurisdiction fails to physically take that person within the next thirty days? The answer is that the person is released. Now, the fact of the matter is that the Philadelphia Prison System is huge, inefficient, and uncaring. As a matter of practice, a lawyer will file a habeas petition with motions court to order the Philadelphia Prison System to release the individual.
Labels: extradition; fugitive; foj; motions; governor's warrant