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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
Who decides is extradition will be granted for state cases?
Extradition decisions for state cases are typically made by the executive branch of government, often involving the governor or a designated state agency. The specific process may vary by state, but it generally includes a review of the legal grounds for extradition and any relevant treaties or agreements. Courts may also be involved if there are disputes or challenges regarding the extradition. Ultimately, the decision balances legal considerations with issues of justice and public policy.
Who is in charge of extradition?
The country which does the extradition it's the deciding factor. Countries are not obligated from a legal perspective to extradite anyone within its borders, since that would be a huge blow to the concept of sovereignty.
Can you be extradited for making terrorist threats?
If you are not a citizen of the United States, yes, you can be extradited for illegal activity. *If you are found guilty of making terrorist threats or other illegal activity within the US and you are not a US citizen you can be tried and if found guilty serve the imposed sentence and then be permanently deported, deportation is not extradition. An example of extradition is, when a criminal flees to another jurisdiction to avoid prosecution or incarceration whether it is another US state or another country. The extradition process is then used to have that person returned to the jurisdiction where they are to be tried and/or incarcerated, the nature of the crime is irrelevant. It is usually much more difficult to have a person extradited from another country than it is from another state.
What state does Oregon not extradite class b felony warrants?
i believe all states can and will extradite... it seems to depend rather on whether the crime was violent or not, whether the warrant says extradite... it does cost the state money to bring someone back. All i can say is that if you are on a Native American reservation they cannot extradite you unless they have the cooperation of the reservation police.
Prisoners usually give up their rights to most everything when incarcerated. If the prisoner needs to be moved from point A to point B and the most convenient method is via flight, then the prisoner will be moved in that manner. Possible that he/she could be sedated if the prison officials felt this may endanger others.
Can another state extradite me to anonther?
Yes extradition happens all the time. Either from state to state or county to county.
Can you bond out once you are extradited on a govenors warrant?
Since you fled prosecution in the first place, and had to be returned via an interstate warrrant, it is HIGHLY unlikely.
How long does cook county give u to extradite someone before they can release them?
30 days after 30 and no one picks you up then you are set free
Does Wisconsin extradite for misdemeanor probation violation?
All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - it is impossible to say whether a particular state will choose to extradite you or not, there are simply too many variables - usually it depends on the offense and the seriousness of it - most states will USUALLY extradite for felony offenses.
First offense class 1 felony will Arizona extradite?
The question does not state WHAT the offense was, but usually, for felony offenses, most states will extradite. All US states and possessions honor each other's requests for extradtition. If you have left AZ, unless you return and surrender, you run the risk of an additional charge of FUGITIVE FROM JUSTICE.
Does Colorado have an extradition law and does that law allow extradition to all states?
Every state allows extradition to others: it's the law. It's up to the state that issued the warrant to decide whether it wants you enough that they will arrange for extradition once you are picked up.
Countries that do extradite but won't if criminal is facing death penalty?
South Africa is one. This was reaffirmed in a recent case in the Constitutional Court: Minister of Home Affairs and Others v Tsebe and Others where the Court ruled that South African authorities needed to seek and obtain assurance that capital punishment would not be applied if the accused was convicted of murder. If the South African authorities could not obtain such assurances then the extradition could not be granted.
Will NJ extradite from Va for local crime?
All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states - it is impossible to say 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 WILL extradite for felony offenses.
Will South Carolina extradite for felony probation violation?
Yes. 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 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.
What to do if you bail someone out of jail and the person flees?
You kiss your money goodbye.
You may be able to recover all or a portion of it if you or the bail bondsman is able to locate the fugitive and return them to jail.
The requirements of extradition are different for each country that has an extradition treaty with the US. Most require basic information about the charge and sentence to determine whether the crime committed in the US constitutes a crime in the country where the fugitive is located. A good example of an extradition treaty is the one between the US and Korea, which requires the following:
1. All requests for extradition shall be submitted in writing through the diplomatic channel.
2. All requests shall be supported by:
(a) documents, statements, [*23] or other types of information which describe the identity, including nationality, and probable location of the person sought;
(b) information describing the facts of the offense and the procedural history of the case;
(c) the text of the law describing the essential elements of the offense for which extradition is requested;
(d) the text of the law prescribing punishment for the offense;
(e) the documents, statements, or other types of information specified in paragraph 3 or paragraph 4 of this Article, as applicable; and
(f) a statement of the relevant provisions of its statute of limitations on the prosecution or the execution of punishment of the offense.
3. A request for extradition of a person who is sought for prosecution shall also be supported by:
(a) a copy of the warrant or order of arrest issued by a judge or other competent authority;
(b) a copy of the charging document, if any; and
(c) such information as would provide reasonable grounds to believe that the person sought has committed the offense for which extradition is requested.
4. A request for extradition relating to a person who has been found guilty of the offense for which extradition is [*24] sought shall also be supported by:
(a) a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that the person has been found guilty;
(b) information establishing that the person sought is the person to whom the finding of guilt refers;
(c) a copy of the sentence imposed, if the person sought has been sentenced, and a statement establishing to what extent the sentence has been carried out; and
(d) in the case of a person who has been found guilty in absentia, the documents required by paragraph 3.
