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Which article of the constitution mandates that if a person charged with a crime flees state and is found in another state they must be extradited to the state of jurisdiction of the crime?
Article Four deals with relationship of states, full faith and credit clause, privileges and immunities clause and extradition
What are the extradition laws between the states?
Basically the laws of every state with regard to extradition are the same: if a person is arrested in the state from the one that issued the warrant, the person is taken to the county jail of that jurisdiction and awaits extradition to the County seeking the person. Normally an extradition hearing is held to determine whether the individual is in fact the one that is being held for extradition. The individual can admit he is such person being sought (he is not admitting guilt) or challenge this. The state is seeking the person generally has up to two weeks to arrange for the defendant to be transferred, or the defendant can be released.
If a person is sick can they fight extradition to stay where they can get help?
It's certainly one legal argument that you could try to fight extradition with.
Where could a person flee to avoid extradition?
Dubai will not extradite.
What is non-extradition?
the action of extraditing a person accused of convicted a crime!!! :))))
Is their any violation if a person did not follow section 9 of article 3?
Yes, if a person does not follow section 9 of article 3, they may be in violation of a specific legal requirement outlined in that section. Depending on the wording of the section and the consequences attached to non-compliance, the individual may face penalties or sanctions for failing to adhere to it. It is important to review the specific language and implications of the section to determine the consequences of non-compliance.
How long will Texas hold person for extradition to New Mexico?
10 Days
What form is needed to file with court to get extradited from California to Nevada?
1. An extradition warrant from the Governor of NV to the Governor of CA; 2. A Waiver of Extradition by the person in CA.
What are the laws for extradition laws from PA to TX?
In Pennsylvania, in order to fight extradition to another state, the defendant can contest the validity of the charge against him and petition the court for the issuance of a writ of habeas corpus. The Uniform Criminal Extradition Act provides some uniformity and, generally, the same legal requirements that are required for requests from other participating states apply to Pennsylvania requests as well.
What is a one word substitute for the Surrendering of a person by one state to another for trial there?
extradition
The return of a person by government of 1 state to the state where she or he has been accused of a crime?
extradition
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.
