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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

If you have a felony probation violation warrant in the state of Georgia could you go another county in the same state and not be extradited?

No, a warrant issued by one jurisdiction in Georgia can be served anywhere in the state. BTW: Extradition only applies to out-of-state removals.

Misdemeanor warrant in Texas you live in AZ Will the warrant ever go away you DONT know what its for?

Answer

Warrants rarely go away. If you don't know why the law is looking for you go to a pay phone, call them and ask. If you don't ask how do you expect to be able to defend yourself should they catch up with you? When computer systems change, a law enforcement agency CAN lose your warrant. I had the 15th largest city in America lose police reports while re-structuring their files. When and if you call, make sure you have a "Warrant" and not a "Wanted" which most people confuse the two. A warrant means that some law enforcement agency believes that you committed a crime, whereas a wanted mean that some law enforcement agency believes that you have information that will assist them in solving a crime; even if that info makes you a suspect, which of course, you will be held or eventually have a warrant. A wanted will disappear once a case is closed or the police has made contact with you.

Also, you should know that you will NEVER be expedited, that is, brought by authorities to anther state for a misdemeanor. The process is to much trouble if you don't agree to waiving your rights under "Habeas Corpus."

What happens when Nevada wants to extradite someone from Oregon with a class c felony for non child support?

It's my understanding that the US Constitution requires Oregon to let Nevada have the individual.

Will Tennessee extradite on a DWI warrant within the state if you live in a different county?

The term "extradite" only applies to out-of-stateprisoner transactions. Within the same state you are subject to the same rules and laws in one county as you are in any other within the same state. Most counties WILL probably send a car and come and get you.

Im a citizen with US passport and live in Peru can you travel to Mexico having a warrant in Maryland for theft and schem over 1000 dollars with my usa passport will i get arrested when arving in mex?

Mexico does have an extradtion treaty with the US, however, it is unlikely that Mexico will arrest or detain you, HOWEVER - in the scheme of international relations, who knows WHAT might happen.

What if a state has a warrant knows where you are and refuses to extradite?

The warrant is basically null unless they change their mind about extradition or you get caught in their state, or one they will extradite from.

The local Police will basically detain or arrest and release you when they find out the other state wont extradite. The warrant will usually say "Will not extradite from ______" Most states have 10 minutes to find out if a warrant is valid, after that they are required to release you.

What happens next to your boyfriend who hasn't signed a waiver of extradition while in a Louisiana jail for two weeks waiting to hear from Texas?

To 'Waive Extradition' means that he voluntarily agrees to return to Texas. Refusing to sign the waiver means he will remain in custody in La awaiting an extradition hearing in front of a La judge who will decide if Texas actually has sufficient grounds to extradite him back to Tx. He's probably only prolonging his jail stay in La. If Tx has sufficient grounds to want him extradited, and they present those grounds to the La court, the odds are that he WILL be extradited back to Texas anyway.

What does horpus corpus mean?

hocus pocus?

More likely you mean Habeas Corpus

Does Utah extradite from Illinois?

All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - it is impossible to say with certainty whether a particular state will choose to extradite you or not, there are simply too many variables. It may depend on the offense and the seriousness of it and/or how badly they want you returned - most states WILLextradite for felony offenses.

Will Iowa extradite from California?

Yes, depending upon the charge and if legal standards are met. For Iowa and the other 49 states within the United States of America tend to respect, and cooperate with, each other on extradition requests. Such requests tend to be made for the serious, felony charges.

Can you be extradited for a Uttering charge?

All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - it is impossible to state with certainty whether a particular state will choose to extradite you or not, there are simply too many variables. It may depend on the offense and the seriousness of it and/or how badly they want you returned - most states WILLextradite for felony offenses.

Can you be extradited from Pennsylvania to Tennessee?

All states and US possessions honor each other's requests for extradition.

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.