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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 are your rights regarding extradition from one state to another?

Except for the right of Habeus Corpus, you have no other rights in this instance. You are being legally and lawfully removed from one state to another via a Governor's Warrant, to answer a criminal charge in the extraditing state. When you arrive in that state, THEN you may exercise any consitutional rights to the judicial process that you possess.

Can you be extradited if you are out on bond for a grand theft felony that happened in Florida and go to tennesee?

Not only can you be extradited by the state, the bailbondsman that fronted your bail will not be happy he lost the bond money he had to put up and will send a bounty hunter after you. If you did not use the services of a bailbondsman, whoever fronted the bond will lose it when the court forfeits it.

Does TN have bench warrant reciprocity with PA?

There is no "reciprocity" other than extradition between TN and PA or any other states. If there is an arrest warrant in State X and the person wanted is in State Y, X has to ask Y to allow them to come in to Y to retrieve the prisoner. This request will not be made unless the authorities in X are willing to spend the money to send officers to Y to escort the prisoner back to X. The process of bringing the prisoner from one state to the other is called "extradition."

Will the IRS extradite you from the cayman islands?

Currently there are no extradition treaties if you are no longer a US Citizen while in the Cayman Islands, however if you are a US Citizen, the Government of the Cayman Islands will comply with any requests.

Is there a waiver that states that the accused will return to the state of the crime on their own and not be extradited?

No. There is no option to return "on your own." Only two choices - agree to be extradited - or fight extraditon.

Can a fugitive from justice be extrited back if they dont sign the extradition?

Absolutely, it just takes a little longer.... and the time you spend sitting in some other state's jail won't count as "good time" against your sentence either.

Does a judge have the right to start your waiting period over again once you sign a waiver for extradition after being in jail for 30 days?

Probably. When you were jailed, the law automatically assumes that you will fight extradition and allows you that privilege, and the 'wanting' jurisdiction has to work on preparing legal arguments and proceedings to convince the holding jurisdiction that they have sufficient grounds to extradite you. . When you formally indicated that you would waive extradition, that introduced an entirely new scenario into the picture and the period began anew. Since you have now voluntarily 'waived' extradition your waiting period will probably not be much longer, trust me.

Which stats don't extradite for child support?

All states recognize one another's child suppport orders. Moving from one state to another will not enable you to shirk the responsibility.

Will North Carolina extradite for a obtaining property under false pretense charge?

It could possibly be dependent upon the value of the property and the circumstances of the offense. Did it cross the line into a felony offense or not? If so, they probably might.

Why would Texas change an extraditable felony fug from justice warrant to non extraditable after being arrested and bailed in Colorado and could they change it back if you refuse to show up in their?

There's no telling why, but one thing is for sure..... it won't go away until you go back and take care of it. These things always have the nasty habit of showing up at the worst possible moments. Return to Texas and get it cleared up and you won't have it hanging over your head.

Does Pennsylvania have an extradition treaty with New Zealand?

No. The involvement of a country other than the United States always falls within the scope of the responsibilities of the federal government. It's the U.S. government that works out extradition by bilateral, and sometimes multilateral, treaties with the particular country.

Statute of limitations for a misdeamoner in Indiana?

The statute of limitations for a misdemeanor is two years in the state of Indiana.

source : http:/law.findlaw.com/state-laws/criminal-statute-of-limitations/indiana

Will Nevada extradite you from Massachussetts for a misdemeanor domestic charge?

I doubt it very seriously.There isnt a state that I know that will extradite on misdemeanor charges!!!

Another View: Despite the above contribution, 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 and crimes of violence.

Will Wisconsin actually extradite from Arizona for a felony 1 possession of THC how long do they have to decide whether or not they will extradite?

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 offensesand crimes of violence.

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 stands.

Would Virginia extradite from Arizona for DUI?

It is pretty unlikely (unless a felony charge was somehow attached it - e.g.: your DUI caused serious injury or death). However, if you failed to appear, Virginia probably either suspended or revoked your driving privileges and all other states will be aware of this when you apply for a new, or renewal of, your license. Better you should return to VA and deal with the consequences , or this will give you problems the rest of your life. DUI violations do NOT expire or 'go away' and your eligibility for a drivers license will always be affected.

What are New Mexico extradition laws?

Will new mexico extradite from arizona for a mistermeanor DWI

What is the time limit for CA to extradite a fugitive in jail in GA?

There is no statutory time limit - Once GA has notified CA - and CA responds that they will extradite you - it starts a complicated legal process which has to be accomplished to lawfully move you from one state to another. This process takes time - but once the process has started it can take - as long as it takes. If you are still held in GA after 60-90 days I would file a Writ of Habeus Corpus to find out what's going on.

What are the laws for extradition from New Mexico to Colorado?

What specific info are you looking for? All US states and territories honor each other's requests for extradition.