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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
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.
Will Nevada extradite from Wisconsin?
All US state and possessions honor each other's requests for extradition.
Will you be extradited on a nine year old public intoxication out of state warrant?
Doubtful, the statute of limitations is 7 years in most cases.
What is the definition of extradition?
Extradition is the surrender of a prisoner or fugitive by one state, nation, or legal authority to another.
If a person commits a crime in one state, and then goes to a different one, where they are caught, they can be sent back to face charges in the state where the crime was committed. Conflicts can occur if the criminal faces charges in both states, or in several.
Each state has laws that deal with extraditing suspects, and many international laws deal with the process. Some countries will not extradite for certain crimes, or may limit the countries to which suspects may be extradited.
Will North Carolina extradite for a felony probation violator from California?
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.
Who extradites an inmate from California to Florida?
It's done at the state-to-state government level by means of a so-called "Governor's Warrant" (more commonly known as "extradition.") Who it is that actaully carries out the extradition is changeable. Sometimes it is the State Police, sometimes it is the County Shieriff's Dept and sometimes it is the officers of the agency who filed the original offense report.
What happens if California chooses not to extradite a violation of probation?
If that is the case, then the apprehending state will release you, UNLESS they have separate charges on you for a separate offense.
What are the laws for extradition from Arizona to California on a petty theft?
If there is an interstate warrant out for you, and CA wants you back badly enough, AZ WILL cooperate in your extradtion. All US states and territories honor each other's extradtion requests.
Is there any where in the US Oregon wont extradite you from?
No. 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/or the seriousness of it and/or how badly they want you returned - most states WILL extradite for felony offenses.
Do US Marshals with an extradition warrant have to read Miranda?
The Supreme Court has ruled that reading of Miranda Rights is no longer necessary, that the people of the US have been so inundated with it, that all know it. Most Law Enforcement Officers still read it as a matter of protocol or department policy though.
An extradition warrant is another matter, however. The person being extradited is already in custody, has already been arrested, and arrest is the time that Miranda is typically read. US Marshals at this point are simply transporting a prisoner.
If you got arrested in Florida and have a warrant in a different state, the state that issue a warrant has 30 days to come get you or else Fl has to release you. My boyfriend is going threw it right now.
Will the state of kansas extradite from Ohio for a probation violation on a misdemeanor case?
no
ADDED: In this day and age of budget crunches, it may seem unlikely - BUT - where the law is concerned, never say "never!" 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.
By federal law, Wyoming can request the extradition of anyone who committed a crime there, from any other US state.
Does the state of Georgia extradite for misdemeanor tresspassing charges?
It seems unlikely - but where the law is concerned never say "never."
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, or for what offense - 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 Michigan extradite from Colorado for misdemeanor domestic violence?
It is certainly possible. Domestic Violence is NOT something that most states view lightly. If a warrant is placed in the interstate system you might everntually find your life getting very difficult. Even if they don't extradite you, you will eventually have to get your drivers license renewed and other normally mundane tasks that call for authorities and agencies to have to check your history.
N.C. isssued a fugitive from justice warrant. WV. busted through my doors searched my house went next door to my other home and foound him he was held on a 50,000 bond finally after 99 days the judge dismissed the warrant due to the fact that n.c. didnt come and get him he was in another county same statewv. and they charged him with being a fugitive from justice once again after 2 days he went before a judge and was released on a 5,000 pr bound because they found out n.c. didnt come pick him up the first time but they called n.c. and gave them his court date and now they have to get a govenors warrant in order to pick him up what are the chances they will get one. There was no meth found in any of the two states he was in. They are trying to charge him with manufacturing methanfedamine.
What are the extradition laws in Rhode Island?
All US states and territories, including RI, 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.
How long can lousaiana hold someone for extradition to Oregon?
Once the extraditing state has indicated that they WILL extradite you then the extradition process has been started. It is not immediate nor is it quick, there are many administrative and legal steps in removing someone from one state another for prosecution that must be taken to satisfy the law. If one is still incarcertaed awaiting removel after 30 days, file a Writ of Habeus Corpus to detemine the status of your extradition.
When did France get extradition treaty with US?
US and France have signed an extradition treaty. The treaty was signed at Paris on January 6, 1909. It was ratified by the President of the United States on May 25, 1911. It was ratified by France on June 27, 1911. Ratifications were exchanged at Paris on June 27, 1911. It was proclaimed by the President of the United States on July 26, 1911 and it was put into force from July 27, 1911.
For the complete treaty, please refer the link in sources.
That is correct. As long as the legal process has been set in motion, "it takes, as long as it takes." That being said, if you are still incarcerated after 30-45 days file a Writ of Habeus Corpus to see where the process stands. ALSO - the term "extradition" does not apply to in-state holds. Extradition only applies to inter-state or inter-nation transfers.
How long can Maryland hold a person in jail for extradition to Pennsylvania?
Once the process has begun there is no statutory limitation on the time it takes. It is a lengthy administrative and legal process to remove a wanted person from one state and return him to another. It takes.... as long as it takes. If you are still being held after the expiration of 30 days, file a Writ of Habeus Corpus to see where things stand.
