Ivellise78

Extraditions and holds

6 posts in this topic

My friend did nit appear for his sentencing hearing last week. So Pa issued a bench warrant. He was in NJ the other day and someone called the police on him for some stupid shi*  the trooper pulled him over and discovered there was a warrant. So my question is: How long can NJ hold him. Is there a stature stating that they csnt hold for more than 72 hrs of the other state hasnt come to get him. And NO there was no hearing for extradition yet. Please help. 

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The prisoner should be extradited within thirty days of being taken into custody.  However that can be extended by another sixty days if allowed by a NJ court.  

 

  • 2A:160-23. Temporary Confinement & Imprisonment. The state of NJ is empowered to hold an individual on an out of state warrant for up to thirty (30) days. It should noted, however, that this time period may be extended for up to an additional sixty (60) days in accordance with N.J.S.A. 2A:160-25.

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RetiredinVA is correct, though what he provided is not the actual language from the statute, but rather a summary of it. What the statute actually says is this:

 

Quote

 

2A:160-23. Commitment to jail of person arrested before requisition made, to await requisition; bail 

If from the examination before the judge or magistrate it appears that the person held is the person charged with having committed the crime alleged, and, except in cases arising under section 2A:160-14 of this title, that he has fled from justice, the judge or magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time not exceeding 30 days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in section 2A:160-24 of this title, or until he shall be legally discharged.

 

 

So, under that statute NJ may hold him initially up to 30 days on the warrant from the other state waiting to get the official governor's warrant from PA. However, another statute allows an extension of up to 60 additional days:

 

Quote

 

2A:160-25. Discharge of accused; extension of time of commitment of accused; new bail for appearance 

If the accused is not arrested under warrant of the governor by the expiration of the time specified in the warrant, bond or undertaking, a judge may discharge him or may recommit him for a further period of 60 days, or a judge of the Superior Court may again take bail for his appearance and surrender, as provided in N.J.S.2A:160-24, but within a period not to exceed 60 days after the date of such new bond or undertaking.

 

 

The judge is authorized, but not required, to release him on a bond pending the decision of PA whether to come and get him. 

 

Bottom line is that he could be in NJ jail up to 90 days.  

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I should have mentioned the language I quoted was copied from another site.  My bad.

 

Depending on the probable sentence in the Pennsylvania, your friend may want to consider waiving extradition and avoiding spending extra time in the New Jersey jail.

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Well how long does he need to bebinbthere before fon a lot being seen by NJ judge so he can waive extradition?! I was under the impression that he ehad to be seen within 48 business hours of incarceration. He has been there since 9pm Thurs. And Pa is ready topic him up as soon as NJ sends paperwork. 

Is there anything that can be done to get gintransfered quicker.

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