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Extradition
Individuals that have accused of committing a crime often flee the jurisdiction where it took place to avoid prosecution. Extradition is the process were someone is returned to the jurisdiction to face trial and possible punishment.
935 Questions
What countries have no extradition treaties with the?
Every country has no extradition treaties with the.
Can other states know if i have an outstanding warrant?
Yes if you get pulled over and have the same drivers lisenced that you did when the warrent when out for you in the first place it would show up to the officer stopping or arresting you after putting your ID number in. If you tried to get a new lisence in another state the D.O.T Department of transprotation would then know as well because either way that number would follow you around.
So you should get that warrant fixed.
Does Brazil have extradition treaty with England?
TREATY ON EXTRADITION BETWEEN THE REPUBLIC OF BRAZIL AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Concluded in London on July 18, 1995.
Approved by Legislative Decree No. 91 of September 11, 1996.
Promulgated by Decree No. 2347 of October 10, 1997.
Published in the Official Gazette of October 13, 1997.
The Government of the Federative Republic of Brazil and the United Kingdom of Great Britain and Northern Ireland
Desiring to make provision for the reciprocal extradition of offenders;
Agree as follows:
ARTICLE I
Obligation to extradite
How can a state hold you in another state jail if there laws plainly say no extradition?
If it's a US state, then the laws are clear, as outlined in the Interstate Rendition Clause, one state MUST imprison and extradite a felon to the state in which he committed a crime, on request from that state.
The law you might be thinking of is extradition to a foreign country, as foreign relations would be handled on a federal level rather than dealing with the state itself.
Can you be extradited to Puerto Rico from the US?
You can google it yourself, but as far as I know, Puerto Rico pretty much IS part of the USA. It's a possession, and so forth, but US laws apply (or I guess you could say PR laws apply to the USA, either would be correct), for the most part. So I'm not sure there actually would be an "extradition". PR is part of the USA, so can you extradite from within your own boundaries?
wikipedia says:
"Extradition for fugitives who are charged with a crime is commonly requested by state or county prosecutors. Formal interstate rendition will involve both state governors. Other procedures can involve waiving documentary formalities before surrender of the fugitive. Under the Uniform Extradition Act adopted in 48 states, Puerto Rico and the Virgin Islands (but not in Mississippi and South Carolina), there is a distinction between fugitives who were in the demanding state at the time of the crime and those nonfugitives whose prior presence is not so alleged. The first type is mandatory under the United States Constitution. The less frequent second type allows for some Governor discretion. These cases can involve bad checks or failure to pay child support but they still must be criminal matters."
I am just too tired to do it, but my next move would be to google "Uniform Extradition Act" and possibly add " +"Puerto Rico" " to the query. But it looks like PR is on the same page as the USA. So we each get the bad guys we've spawned, pretty much. We get ours back, they get theirs back.
Moral of the story? Google "Uniform Extradition Act" BEFORE you do dumb stuff and have to run off. If you're gonna commit to a life that could get you behind bars for the rest of your life in some really nasty hellholes, a few minutes in the comfort of your home beforehand will mean a world of difference. THEN go out and do the dumb stuff and get caught or shot, which is the only way this stuff ever ends up.
What are the extradition laws for extradition from Maine to Massachusetts?
All US states and territories honor each others Writs of Extraditon (also known as Governor's Warrants). There are no "safe haven" states.
Is France a non-extradition country?
Absolutely not. France has long maintained strong diplomatic relations, including a treaty of extradition, with the USA. If you're looking to escape for a crime committed, France is not the place. Sorry!
How long can Texas prisons hold an inmate for extradition after his release date?
It there is an active extradition warrant for him he can be held until the legal system accomplishes the legal steps to remove him from the holding state to the extraditing state. It is not an overnight process. If you are held more than 60-90 days file a Writ of Habeus Corpus to determine the status of the process.
Does Honduras have an extradition treaty with US?
Yes. Honduras and US has signed an extradition treaty. The treaty was signed on January 15, 1909. The treaty came into force on July 10, 1912. Convention was signed at Washington on January 15, 1909. Senate advice and consent to ratification was done on January 20, 1909. It was ratified by the President of the United States on March 1, 1909. It was ratified by Honduras on May 20, 1912 and ratifications were exchanged at Washington on July 10, 1912. The treaty was entered into force July 10, 1912.
For the complete treaty, please refer the link in sources.
If no transport order is filed then how long does the holding county have to release the inmate?
This depends on the County Judge's order, which generally gives about two weeks for transport order to be issued.
Added: If this is an "in-state," "intra-county" occurrence, extradition proceedings do not apply.
the governor of the original state formally/legally requests it.
Does any one of the 50 states not have extradition laws?
The states of the United States can extradite only among themselves. One another country is involved, extradition becomes a federal matter that depends upon diplomatic relations, and bilateral [and sometimes multilateral] treaties.
What is the time limit for PA to detain a person for extradition?
Well i think they can only hold a person for 30 days. And if that other state has not came to get you then the jail that is holding you will let you go.
Additional: CAUTION: Although there may be caselaw on this topic, after a quickie research I could find no statutory mention of a time limit for holding a prisoner held on a confirmed extradtion to another state. The only 30-day mention I could find was that the defendant has a 30 day time limit in which they may CHALLENGE the extradition by filing a Writ of Habeus Corpus.
Days. If after that they havent gotten you, you are to be released
Another View: If the person is being held for extradition. once the extraditing state has confirmed that they will extradite you, the process has begun and "it takes as long as it takes." It is nowhere near as easy as simply driving over the state line and picking them up and hauling them back. A formal inter-state legal and administrative process must be begun and followed in order to legally take custody of the defendant and remove them from one state to another. If you haven't heard anything in 30-45 days, file a Writ of Habeus Corpus to determine where the process stands.
If they do (keep picking on you) and if you can prove it in a court of law, contact a good civil rights attorney. You may have a case. Do what you can to get the Colorado warrant dismissed for "failure to prosecute". They know where you are and refuse to come get you. That brings the whole issue of "speedy trial" to the forefront.
You won't have any 'say' in the matter. TN will notify IN they have you in custody and if IN says they want you back badly enough, THEY will initiate extradition proceedings.
All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - It is impossible to know with certainty whether a particular state will choose to extradite you for a particular offense, or not, there are simply too many variables. It may depend, in part, on the offense and the seriousness of it, and/or how badly they want you returned - most states WILL extradite for felony offenses.
No. Extradition only applies to transporting individuals with criminal arrest warrants.
Liability refers to a civil suit. If you miss a court date, the court will issue a civil penalty (such as dismissing your case or ruling against you), not put out an arrest warrant.
How long can a state hold you waiting on another state to come?
Even though I have been told by an attorney they have 90 days..its however long they feel like it. My bf is on his 78 day of the 90 days and they just gave the extraditing state another 3 weeks which goes over the 90 days to come get him.
Added: If the person is being held for extradition. once the process has begun it takes as long as it takes. It is nowhere near as easy as simply driving over the state line and picking them up. A formal inter-state legal and administrative process must be begun and followed in order to legally take custody of the defendant and remove them from one state to another. If you haven't heard anything in 30-45 days file a Writ of Habeus Corpus to determine where the process stands.
Will Hernado County extradite for a misdemeanor?
Possibly, depending on the category of the misdemeanor, the distance where you are currently located, their financial situation, and your prior record.
Law enforcement in the district holding the active warrant is responsible for fees associated with extraditing you from the location where you've been picked up. When they are informed that you are in custody, the appropriate official will examine the totality of the case and consider whether or not it is a good use of their resources. If it is a minor misdemeanor and you are halfway across the country, they aren't going to pay to have you sent back. However, if it is a more serious misdemeanor and you are 20 miles away, they will.
If you have not committed a crime in the state you live in, then no you can't be charged twice of the same offense. That would be double jepordy, and is against the law. Your home state CAN hold you until the state you committed the crime in either extradites you or drops the charges
Added: The above answer seems unclear.
If you committed a crime in state "A" and then committed the same crime in state "B" then BOTH states can charge you seperately, because you committed a separate crime in each state.
If you committed a crime only in state "A" but then fled to state "B," state "B" cannot try you for a crime you committed in another state. HOWEVER they can hold you in jail until state "A" comes for you to return you to state "A" for prosecution .
How long can KY hold for Extradition to il before they have to let you go?
If the person is being held for extradition. once the process has begun it takes as long as it takes. It is nowhere near as easy as simply driving over the state line and picking them up. A formal inter-state legal and administrative process must be begun and followed in order to legally take custody of the defendant and remove them from one state to another. If you haven't heard anything in 30 days, file a Writ of Habeus Corpus to determine where the process currently stands.
Does probation time stop when a warrant is issued?
If a warrant is issued for a violation of probation then the clock stops until probation is either reinstated or revoked in open court. If it is reinstated the amount of time between the violation and reinstatement will be added to the original probation period. Say you are on probation for 3 years and you are 16 months into your term and you violate the terms and ran for 4 months you would still have the 16 months remaining the 4 months would be what they call "dead time".
