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Jessica
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Zoey_ JD, Expert
I’m Zoey, and I am an experienced attorney. I know your question is important to you and I will be giving it the time and attention it deserves.
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Zoey_ JD, Expert
Are you saying he was arrested on the 21st of December and he's awaiting extradition to California?
Zoey_ JD, Expert
Extradition takes as long as it will take. But there are some guideline. There's a Federal Act called the Uniform Extradition Act that says that 30 days is a reasonable amount of time for extradition to be completed. If California needs more time than that, they can get another 30-day extension by asking for it and then another, up to 90 days, if they can show good cause. The time starts running from when the defendant signs the waiver agreeing to be transported to California.
States are free to make their own modifications and are not bound by the Act, but because the Federal Law says that 30 days is reasonable and Federal trumps state, there isn't much one can do about a delay until after 30 days from the waiver are up. Then, if there has no movement or communication at all on the part of California and no good cause for that delay which would get them an extension of another 30 days, the defendant's Oregon lawyer can file a writ of habeas corpus, which is an emergency remedy to bring him before the Oregon judge for the state to show good cause as to why he was still being detained and, if the state couldn't, release him.
Zoey_ JD, Expert
Do you need me to clarify anything or to give you more information?
Zoey_ JD, Expert
They have up to 90 days if they have good cause. Typically, they manage it in 30.
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Zoey_ JD, Expert
Do you need me to clarify anything or to give you more information?
Zoey_ JD, Expert
I tried to engage and interact with you further. I did not hear back from you.
Have I addressed all of your concerns?
Zoey_ JD, Expert
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