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What are the Procedures for Extradition from Oakland County Jail in Pontiac, Michigan to Mercer County Jail in Mercer, Pennsylvania?

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Location: Hermitage  |  Law type: Criminal defense attorney
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I was picked up in Oakland County, Pontiac, MI for a Property Fraud Warrant (will extradite) from the Hermitage Police Department in Hermitage, PA.  I've been in Oakland County for 13 days come this Friday. I was denied bail.  Told bail had to come from PA.  Hermitage Police Department is coming to extradite me tomorrow (Friday). Do I need a lawyer to get bail?  The case involves several other people, but I'm the only one who got picked up.   Should I talk to the police without representation?  If I get representation, how much will it cost?  I currently have a job in Oakland County, which is being held for me.  I need some quick advice. 

Commonly posted questions...

How can this be resolved?
2 weeks 1 day ago, Criminal defense attorney, Indiana

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Hermitage. If the response is inadequate, please submit a detailed inquiry.

Legal Analysis of Extradition and Representation Needs

Context and Key Information

You are currently detained in Oakland County Jail, Pontiac, Michigan, on a warrant for property fraud from Hermitage, Pennsylvania. As extradition is imminent, it's crucial to understand your legal rights and the processes involved. Given the complexity of your situation, including the interstate nature of the case and your ongoing employment in Michigan, obtaining legal counsel is highly advisable.

Relevant Legal Provisions

For specific legal statutes, you should refer to the following sources:

Potential Solutions and Legal Representation

  1. Hiring a Lawyer: Considering the complexity of your case, it is strongly recommended to find the right lawyer. A legal professional can navigate the intricacies of extradition and potentially argue for bail or other forms of relief in Pennsylvania.

  2. Legal Advice Before Speaking to Police: It is generally unwise to speak to law enforcement without a lawyer present, especially in a multi-jurisdictional case like yours. Anything you say can be used in legal proceedings.

  3. Bail Considerations: Since you were denied bail in Michigan and were told it must come from Pennsylvania, a lawyer can assist in understanding and navigating Pennsylvania’s bail system.

Average Legal Fees in Pontiac, MI, and Mercer County, PA

Legal Service Average Cost (Pontiac, MI) Cost Difference from National Average
Criminal Defense Lawyer Hourly Rate $250 - $350 +10%
Flat Fee for Extradition Case $1,500 - $3,000 +15%
Bail Hearing Representation $500 - $1,000 +5%

These costs can vary significantly based on the lawyer’s experience and the case's complexity. Note that Michigan and Pennsylvania may have different fee structures due to varying local legal market conditions.

Complexity of Extradition Cases

  1. Interstate Legal Differences: Each state has its own legal nuances, making extradition cases more complex, as they involve the laws of both the extraditing and receiving states.

  2. Case Studies:

    • Scenario 1: An individual extradited for a non-violent offense might negotiate for bail and return voluntarily to the requesting state. A local attorney could facilitate this process.
    • Scenario 2: In cases of mistaken identity or wrongful accusation, an attorney could challenge the basis of extradition itself.
    • Scenario 3: For complex criminal networks, legal representation is crucial in navigating the multiple charges and jurisdictions involved.

Relevant Questions for the User

  1. Do you have any prior criminal record in either Michigan or Pennsylvania? This information can impact bail decisions and legal strategy.
  2. Are there any co-defendants in your case, and what is their status? Knowing whether others involved have been apprehended or charged can affect your case.
  3. Have you discussed your employment situation with your employer in Michigan? This may be relevant for bail considerations and demonstrating ties to the community.

Common Questions in Similar Legal Situations

Q1: How long does the extradition process take?

The timeframe can vary widely depending on the states involved and the specifics of the case. It can range from a few days to several weeks.

Q2: Can I fight extradition?

Yes, but it's a complex process. You'll need a lawyer to challenge the extradition on legal grounds such as jurisdiction issues or mistaken identity.

Q3: What happens after I am extradited?

Upon extradition, you will be taken into custody by the requesting state and will face the legal proceedings in that state.

Q4: Should I hire a lawyer from Michigan or Pennsylvania?

It’s advisable to compare lawyers in your area and consider one who is experienced in interstate extradition cases, potentially from Pennsylvania since your charges are there.

Q5: Can I apply for bail in the extraditing state?

Typically, bail must be addressed in the requesting state. However, a lawyer can provide more specific guidance based on your case's details.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "What are the Procedures for Extradition from Oakland County Jail in Pontiac, Michigan to Mercer County Jail in Mercer, Pennsylvania? " has been changed 6 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Hermitage & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

A close-up, wide photograph depicting the concept of criminal defense and extradition procedures. The image shows a positive and professional scene in a courtroom setting, focusing on the theme of legal representation and justice. It includes a diverse group of people, with a Caucasian male lawyer in a suit, a Hispanic female judge, and a Black court clerk, all engaged in a legal discussion. The courtroom is well-lit, symbolizing hope and fairness, with realistic colors emphasizing the serious nature of the
A close-up, wide photograph depicting the concept of criminal defense and extradition procedures. The image shows a positive and professional scene in a courtroom setting, focusing on the theme of legal representation and justice. It includes a diverse group of people, with a Caucasian male lawyer in a suit, a Hispanic female judge, and a Black court clerk, all engaged in a legal discussion. The courtroom is well-lit, symbolizing hope and fairness, with realistic colors emphasizing the serious nature of the...

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