[needinghelpformyhusband]

My husband was accused by his exgirlfriend and her friend of sexual assault. He was 17 and she was 15. He never received any letters of a court date. But when I talked to the states attorney in the state it happened they gave me an address where the arrest warrant was supposed to be served. We did not live there another this was that the complaint was made almost a year after we were together. There is no dna evidence that I am aware of. Well he is sitting in jail awaitin his extradition hearing because we are fighting it. I don't know what more I can do to help him . All I need to know is... are lawyers allowed to be hired in one state to go to another for the hearing . Someone please help me understand. I don't know what to do!! My husband needs help

[ScottGem]

You need to consult your attorney. Many firms have reciprocal agreements with firms in other areas. So your attorney can arrange for a local attorney to represent him at the extradition hearing.

Do you know if an indictment was ever handed down?

[excon]

Hello needing:

What "she said" or "he said" is NOT the issue now. Those are issues that will be decided in court, IF it ever gets to court, and that's a long way down the legal road.

First - first, and the very FIRST thing you AND your husband must do, is NOT talk to the prosecutor or the cops. Did I say keep quiet? If not, shhhh.

Yes, you can hire a lawyer where you are to deal with extradition & bail. Extradition, as I said earlier, is a separate issue from guilt or innocence. Therefore, he's not going to have to be licensed in the accusing state.

However, I would interview attorney’s in both states first. You can talk with them for free, and you’ll learn a lot.

excon

[ScottGem]

I goofed, Excon is right, the extradition hearing is local, not in the state when the warrant was issued.

However, I would make sure your attorney is familiar with extradition issues. As I understand it, extradition between states is kind of like an arraignment. If the judge feels there is enough evidence to bind you for trial, then they will approve extradition. But, if you can challenge that evidence, you might be able to quash the extradition.

However, even if you do, I would still suggest voluntarily surrendering to the authorities in the other state. Have your attorney broker a deal where your husband would be released on his own recognizance. He doesn't want to have such a charge hanging over his head.

[Fr_Chuck]

As excon said, there is almost nothing you can do. The main thing is not to talk to people about this, and for your husband not to speak to the police, the DA or anyone except his attorney about this.

I will say that states have extradition agreements and I know of very few cases that are not allowed. They do not look at the legal evidence of the crime, merely that the personal has been properly charged and that the paperwork is correct. So believe me as long as they did not error in the charges and they have the right person identified in the warrant, he will go back.

The main thing is to get the best ( very best) criminal attorney you can get.
Remember this poor litle girl ( that will be how they will dress her) and her friend, will cry and they will have to stop court for a few minutes for her to compose herself ( remember the prosecution will have worked with her on how to testify against him) So when the jury sees these poor abused kids and hear how the man accused fought extradition to come back and face the charges, he will be made to sound like a sexual deviant.

As long as you are fighting extradition, there will be no bail set. Your attorney needs to have bail arranged as soon as he arrives in the state where he is charged.