Extradition motions, hearings and laws in Pennsylvania are fairly straightforward. Extradition is the term used for a prisoner or individual who is being held in custody in one state as a result of a bench warrant for his arrest in another state. This blog is going to specifically deal with individuals either arrested or being held in another state as a result of an open bench warrant in the state on Pennsylvania. A bench warrant is a warrant that was issued for a person’s arrest by a Judge in the state of Pennsylvania. Other criminal motions When an accused is arrested or picked up in another state for an open bench warrant out of Pennsylvania, he does have certain rights under the law.
So what rights does a prisoner have once he has been arrested as a result of a bench warrant in Pennsylvania? read about PA Courts and other extradition motions. Under Title 42 section 9131, no person arrested upon a bench warrant shall be delivered over to the agent of Pennsylvania unless he is first taken before a judge in the state where he was arrested. While in front of the Judge, the accused shall have the right to legal counsel, and, to test the legality of his arrest before he can be extradited to Pennsylvania.
If an accused does not want to challenge his arrest then he can waive his hearing pursuant to section 9146 of Title 42 so long as he does it in writing. Specifically, section 9146 states “Any person arrested in the state of PA who is charged with having committed any crime in another state or alleged to have escaped from confinement or broken the terms of his bail, probation or parole.” When it comes to the laws of extradition in Pennsylvania, the best rule is to hire an experienced Chester County Extradition Attorney to advise you