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In what jurisdiction and to what jurisdiction? Between states, an extradition request is sent from the requesting jurisdiction to the jurisdiction that is holding the person. The request may be refused by the requesting jurisdiction.
In addition, a person has the right to fight rendition.
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∙ 9y ago
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What is the request to have an accused criminal returned to a state?
It sounds like you are asking about an extradition request. It is based on Article IV, Section 2, Clause 2 of the US Constitution.
Will Indonesia extradite someone who is AWOL?
Yes. Especially if someone is paying the relevant authoriies to request the extradition.
Can Washington extradite to Nebraska?
Yes, all US states have extradition procedures and all states honor them. However the sought person has the legal right to request a judge to rule on the validity of the extradition.
What states do not exterdite to West Virginia?
All US states will honor a request for extradition from any other state.
Can you be arrested on an arrest warrant in Florida if issued in Georgia?
Yes, you certainly can. The DA is Georgia will then request extradition of you from Florida which WILL be granted.
Who must request an extradition of a crime suspect in order for it to take place?
The governor of the state where the crime was committed. Generally the order will also be signed by the prosecuting attorney but that is not required to make the extradition order valid and fully enforceable.
Who must request extradition of a crime suspect in order for it to take place?
The governor of the state where the crime was committed. Generally the order will also be signed by the prosecuting attorney but that is not required to make the extradition order valid and fully enforceable.
Does Switzerland extradite?
Extradition Proceedings in SwitzerlandSearch and ArrestAs rule, extradition proceedings in Switzerland start with a foreign request for search by an Interpol National Bureau or a Ministry of Justice. The Federal Office of Justice (FOJ, Section on Extradition) examines whether the request contains all the necessary information. If the place of abode in Switzerland is known, the FOJ orders the competent police force to arrest the wanted person. If not, the FOJ puts the fugitive's name into the computerized search system "RIPOL" for arrest.The police arrest the wanted person and immediately inform the FOJ. The police also seize evidence and goods acquired as a result of the offence when making the arrest.Simplified proceedings take place if the arrested person declares at the hearing that he agrees to be immediately extradited. The FOJ is informed without delay regarding the fugitive's consent and said office may - based on the consent - grant extradition and order the surrender. In the best case such a simplified extradition may be executed within hours.Handling of the extradition requestIf the person pursued refuses to be extradited, the FOJ will issue an extradition warrant. At the same time this office invites the requesting State to submit a formal request for extradition. As a rule the requesting State has to file the formal extradition request within 18 days at the FOJ. This time-limit may be extended up to 40 days.The cantonal investigating judge or the cantonal police formally present the extradition warrant issued by the FOJ to the person pursued and draw up the minutes of the hearing (procès-verbal). The person pursued has the right to communicate with the consular representative of his native country. He may file an appeal against the Swiss extradition warrant at the Federal Criminal Court; the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court. The person pursued may also file, at any time, a request for release.If the formal extradition request is received by the FOJ in due time, the detention awaiting extradition is extended until the end of the extradition proceedings. If the FOJ has decided to enter into the case, it sends the extradition request to the competent canton for the hearing. The cantonal authority hears the person pursued regarding the extradition request, explains the extradition procedure and draws up the minutes of the hearing (procès-verbal).Based on this procès-verbal and a possible statement by the fugitive's counsel, the FOJ may render the extradition decision in the first instance. The FOJ examines whether the formal and material conditions of an extradition are fulfilled. It namely clarifies if the acts attributed to the person pursued in the extradition request would also be punishable under Swiss law. Questions of guilt and facts are not examined in the extradition procedure, i.e., the FOJ does not examine whether the person pursued has really committed the offence.After that the FOJ formally presents its extradition decision to the person pursued. If he does not declare within five days that he will file an appeal, then the extradition is executed.The person pursued may file an appeal at the Federal Criminal Court within 30 days upon service of the extradition decision. Said Court decides the appeal after the FOJ has submitted its written position. In particularly important cases, the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court.
Does Wyoming extradite?
By federal law, Wyoming can request the extradition of anyone who committed a crime there, from any other US state.
How long is the process to request extradition?
A Governor's Warrant (also known as Extradition) is issued when the apprehending state officially notifies the "wanting" state of the fugitive's arrest. It is both a legal and an administrative process, and how long it takes is not governed by statute. It can take as long as it takes. If the fugitive is still awaiting extradition in jail after 60 - 90 days, they should file a Writ of Habeus Corpus.
Does Thailand have non-extradition with the UK?
No, it has extradition.
Can Ohio extradite from Washington state?
Absolutely, but it would depend upon the offense. It would be very unlikely to have an extradition request for something minor like speeding, etc.
