State AG says extradition warrant precludes bond

Prisoners who waive extradition to face charges in another state are not eligible for bail in Montana, Attorney General Mike McGrath said in an opinion issued Monday at the request of Hill County Attorney Cyndee Peterson.

In the opinion, McGrath said bail can be allowed before a prisoner is served with a governor's extradition warrant, but not after.

Peterson said she requested the opinion in March to clarify an issue that arose earlier this year after a New Mexico man tried to bond out of jail in Havre while awaiting extradition back to New Mexico.

Jaime Romero was arrested in Havre in Novemb...