Basically, they can't start the criminal process until the extradition process is complete. They don't have "jurisdiction" over him while he's in Illinois. Most of the time...people just waive extradition....but they want to delay until he is represented by a private attorney. Once he has attorney on board, they will probably waive or agree to extradition.
It's basically just a delay...and probably related to inmate housing. In Illinois he's in a youth faciltiy. WI is trying him as an adult, so he would go to probably state prison housing during proceedings...which would suck for him or..at best...county jail...but that would also still suck.
True. I've been worried about him going to prison because the media has been showing him as a blue lives matter guy and people in prison don't take kindly to cop supporters.
There may also be a procedural move that is require to be filed at a certain point that they want to delay. I'm not super experienced in criminal law..and have no knowledge of WI criminal law...but
In civil law...if someone files a "complaint" against you...you can file an "Answer", but if you do, then you are accepting certain facts, that once you file an "Answer" can no longer be challanged.
However, if the "complaint" is lacking...you can file a Demurrer and have the case thrown out or attack certain parts of it prior to being required to "answer"
Again...I don't know criminal WI law....but like that civil process it MIGHT be a delay tactic to stall for an actual private defense attorney to have time to apply procedural technical process prior to transfer to Wisconsin.
Does this mean anything significant? Can someone explain how this benefits Kyle?
Basically, they can't start the criminal process until the extradition process is complete. They don't have "jurisdiction" over him while he's in Illinois. Most of the time...people just waive extradition....but they want to delay until he is represented by a private attorney. Once he has attorney on board, they will probably waive or agree to extradition. It's basically just a delay...and probably related to inmate housing. In Illinois he's in a youth faciltiy. WI is trying him as an adult, so he would go to probably state prison housing during proceedings...which would suck for him or..at best...county jail...but that would also still suck.
True. I've been worried about him going to prison because the media has been showing him as a blue lives matter guy and people in prison don't take kindly to cop supporters.
That may be exactly correct
There may also be a procedural move that is require to be filed at a certain point that they want to delay. I'm not super experienced in criminal law..and have no knowledge of WI criminal law...but
In civil law...if someone files a "complaint" against you...you can file an "Answer", but if you do, then you are accepting certain facts, that once you file an "Answer" can no longer be challanged. However, if the "complaint" is lacking...you can file a Demurrer and have the case thrown out or attack certain parts of it prior to being required to "answer"
Again...I don't know criminal WI law....but like that civil process it MIGHT be a delay tactic to stall for an actual private defense attorney to have time to apply procedural technical process prior to transfer to Wisconsin.
Does he get to go home? I understand he's still in jail.
Also wondering, last heard he was being held without bond
The delay is so that he can hire his own attorney
Nothing special. A standard delay so he has time to get a lawyer.