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It sounds like you are asking about an extradition request. It is based on Article IV, Section 2, Clause 2 of the US Constitution.

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12y ago
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14y ago

Extradition

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Q: What is the request to have an accused criminal returned to a state?
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What is transferring an accused criminal back to the state where a crime was committed?

Being returned to the state where a crime was committed is "extradition" .


Who may request that a person be returned to the state where they committed a crime?

Technically, this request is made by the governor of the state where the crime occurred. The request is usually a formality that does not personally involve the governor. The law enforcement agency or prosecutor's office having jurisdiction over the crime decides if they want to go to the expense necessary to bring the accused party back to be tried for the crime. This process is called extradition. In order for the officers of State A to go to State B to retrieve an accused person, the governor of State A must ask the governor of State B to allow State A's officers to enter State B and take the accused into custody. If the governor of State B refuses this permission (this rarely happens), State A's officers have to wait for him to change his mind or for their suspect to leave State B.


What interstate relationship is being established when an accused person is returned to the state where the crime was committed?

Extradition.


A criminal who flees to another state can be caught and returned under what order?

Extradition


What is the job provided by Federal Criminal Defense Lawyers?

The job of a Federal criminal defense lawyer is to defend an accused criminal in a court of law. This type of lawyer is appointed to the defendant by the state.


Can the commonwealth take real estate that was put up for a bond for a criminal offense if the criminal was taken to jail?

Only if the bond was forfeited. If the accused was released on bond and the property was put up to insure his/her appearance, but he/she did not appear for a court proceeding, the bond would be forfeited and a bench warrant would be issued. In this case, the bond would be the property, and it would become state property. If the accused is found, he/she will be arrested on the bench warrant and returned to custody.


How do you institute a criminal action?

The public cannot institute criminal actions. The state does. If you would like to request that someone be charged criminally, contact the police.


What does Held for state in criminal case?

It sounds like the defendant is being detained, or will be detained, at the request of the state pending (presumably) charges by the state prosecutor.


Could a 10 year old be accused for criminal offense?

It depends on what the offense you committed was, and whether or not there is a 'statute of limitations' on its enforcement in that particular state.


What if a state does not get a governor's warrant in the timeframe given?

If the state requesting the extradition does not obtain the necessary orders (such as a Governor's Warrant) or does not send officers to bring the accused person back within the time set by the court hearing the request for extradition, the accused person must be released (assuming they're not being held on other charges). The accused person can be re-arrested when the agency with original jurisdiction says they are prepared to bring the accused person back.


What happens when you are accused of a crime in one state and move to another state but not arrested for any crime yet?

Not enough information to answer. You say you are "accused", but are you WANTED? Is there a warrant out for your arrest? If a warrant gets entered into the interstate criminal justice system you could be arrested in your new state of residence and held for extradition to your former state to face charges. Best advice: Return to your old state and voluntarily surrender yourself and fight charges (if you can).


What is the role of the grand jury in criminal cases in Texas?

The role of the Grand Jury is to hear the evidence that the state has against the accused and determine if probable cause exists to bring them to trial for the offense.