Louisiana Motion to Quash due to improper extradition
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FAQ
The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.
With regard to state felony warrants, it is up to the charging state to process the extradition, and it is generally understood that this can take about 30 days.
An agent of the executive of the state demanding extradition must appear to receive the prisoner, which must occur within 30 days from time of arrest, or the prisoner may be released. Some states allow longer waiting periods, of up to 90 days.
Extradition is a legal process that sends a person in custody from one legal jurisdiction to another.Most states follow the Uniform Criminal Extradition Act. (Louisiana, Mississippi and South Carolina do not.) Extradition is a Constitutional matter, so Federal law can also be used to regulate the extradition process.
A fugitive warrant is an arrest warrant issued in one jurisdiction for a person who is wanted in another jurisdiction. Such a warrant authorizes law enforcement officials to take into custody a fugitive who has fled to another jurisdiction.
Some crimes which may be subject to extradition include murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage.
An arraignment in Louisiana is the first court appearance in criminal court in Louisiana. Prior to the arraignment, the prosecutor either filed a bill of information, which is the formal charge, or the grand jury returned a true bill indictinhg the defendant. The arraignment is then set.
30 days. If a felony the may get him.
(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.
