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Does a failure to extradite violate a defendant's civil rights?


Can the defendant file a motion to have the charges in GA dismissed because GA failed to pick him up in NC when he was in custody there?

This question particularly pertains to his rights to a speedy trial, doesn't it?

No, there is no violation of civil rights. If Georgia won't extradite, it doesn't affect his right to a speedy trial because he obviously failed to appear in court when he was supposed to or Georgia wouldn't have issued a warrant for his arrest.

Actually, Georgia did him a favor because he isn't being hauled back to Georgia. If they extradited, he would be held without a bail because he's a flight risk.

He can certainly file a motion to do that.

He would need to go to GA to do so (in front of the court with Jurisdiction over the case) and would almost certainly be taken into custody at that time.

Also, it would not likely be a successful motion.

Failure to extradite is the fault of GA. Wether the charges still stand or not, I am not sure. However, if there was a warrant out and NC missed it then it really is NC's fault. I do believe that you will still have to face the charges in GA. I don't believe that this violates your civil rights.

No. He just got lucky.

If he is released in N.C there will be a warrant for his arrest out of Georgia.

How would that violate his civil rights in your opinion?

No. Usually a person with charges gets extradited after he has served the time in the other state, then GA. can pick him up to do his time there within 10 days. Good luck and God Bless.

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