Does a preliminary hearing come before an extradition hearing?

UPDATED: Jul 18, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 18, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Does a preliminary hearing come before an extradition hearing?

If charged with a crime out of your home state where you reside, and you ask for extradition hearing, do you still have the preliminary hearing and if so does this hearing come before the extradition hearing.?

Asked on July 18, 2010 under Criminal Law, Pennsylvania


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Every state is different in terms of what the preliminary hearing is called and whether it comes before certain other motions.  The intent of a preliminary hearing is just that, to determine if there is enough evidence to have probable cause to hold you over for trial.  What happens from the result of the preliminary hearing will solely be up to you, your counsel and the prosecutor.  The court has to have jurisdiction over you to have such a hearing.  If the non home state has such jurisdiction over you for a matter, it would make sense to have the preliminary hearing and then have an extradition hearing if the home state so requests to extradite you. Extradition hearings can also be waived. The waiver may impact the preliminary hearing but usually what occurs is if you have the extradition hearing first (let's say the home state issued the warrant), then you can choose to be extradited to the home state (waiver of your rights) and be held for the preliminary hearing in the home state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption