Charlotte Criminal Lawyer Blog
What is Extradition?
If you have outstanding criminal charges from another jurisdiction, the police could take you into custody and deliver you to another location where you will face the consequences. You could therefore be held in custody and will go through the legal prosecution process. Not all charges are extraditable and sometimes jurisdictions will not require extradition if the charges are minor. Extradition may take place between jurisdictions within the United States or even outside the country.
What is Extradition?
Extradition is the legal transfer process to move a fugitive from one jurisdiction to another. For example, if you are wanted for a felony charge in North Carolina but are currently located in South Carolina, you could be extradited to North Carolina on the charges. This can happen, for instance, if you are stopped by the police for some other reason, such as a traffic violation, and the police find out that you have a warrant from another jurisdiction.
Extradition to Another State
Extradition between states is called interstate extradition. The United States Constitution and the Uniform Criminal Extradition Act (UCEA) provide legal guidelines for extradition. Article IV, Section 2 of the Constitution guarantees the right to interstate extradition. The UCEA allows states to demand extradition, which is generally done through a governor’s warrant. A defendant is brought in front of a judge for a hearing. The judge may then order the defendant to be transported to the other state for prosecution.
How Extradition Works
If you are being held for extradition, the first step is usually an initial appearance in court. The judge will inform you of the charges and tell you of your right to legally contest the charges. You will also be told of your right to an attorney to represent you in this matter. Then, the governor must issue a warrant based on the request from the demanding state. Once the governor’s warrant has been issued, the demanding state has approximately 30 days to retrieve you. Generally, when you are being held for extradition, you will not be allowed bond.
Can Someone Contest Extradition?
When a person has an extradition hearing they have a couple of options. A person who is held for extradition may waive the process and return to the demanding state voluntarily. Alternatively, the defendant may choose to fight extradition. To contest extradition, a person must file a writ of habeas corpus petition. In order to successfully fight extradition, the judge will review the case to ensure that the defendant has been legally charged with a crime in another state. Also, the judge will review the paperwork for correctness. The judge will not make a determination of guilt or innocence of any crime but will only decide whether extradition is the proper legal process in this case. Typically, the way to fight extradition is when you have a valid procedural issue.
Extradition may also be done to a different country, although the process is more complex and depends on agreements in place with the demanding country. Even extradition to another state can be complicated. If you or a loved one is facing extradition, you will want to consult with a knowledgeable attorney for guidance. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/extradition
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_15a/Article_37.html
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