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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 is the extradition time limit to transfer from elko nv to clark county nv according to the sheriffs dept. there is no extradition time limit?

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.

Will Hawaii extradite a person in a foreign country wanted on a felony drug warrant?

I recently moved from Maui, Hawaii, and where i was working had the register robbed at my kiosk and after not being able to catch the guy due to lack of cameras she told me that last year a guy was charged with assaulting an officer in Washington and they wouldn't extradite him for that and "you basically have to murder someone for hawaii to extradite you", those were the police womans words exactly!

How long is someone who signed a letter of extradition held legally before being released if the extraditing state doesn't come and is the time from the arrest or the waiver and are weekends counted?

If you are picked up on warrants and held as a fugitive the apprehending state notifies the state that wants you. If that state still wants you they will initiate action to secure a Governor's Warrant (more commonly known as a Warrant of Eextradition. THEN - the legal process between the two states begins to arrange your release from the apprehending state and them turning you over to the custody of the 'wanting' state. If the state that put the warrant out for you no longer wants you back, they will notify the apprehending state and the state holding you will release you, unless they happen to want you for some offense that you committed in THEIR state. All this legal administratove process takes time.

SOME states MAY release you on a Writ of Habeus Corpus after a certain time has elapsed, but the questioner would have to determine if there is such an option in the state that is holding them. Other than that possible exception, as far as I'm aware there are no statutory timeframe for the process of extradition. As long as the legal process between the two states has begun and is in progress, then it can take as long as it takes.

The extradition process DOES take longer if the fugitive is fighting their extradition.

Lesson to be learned? When there is a warrant out for you turn yourself in and then you won't be spending wasted time in someone else's jail.

Can the United States arrest you in a country with which it has no extradition treaty?

No. A lack of an extradition treaty may be one of the side effects of a lack of diplomatic relations, or of the existence of poor diplomatic relations, between two countries. It also may be a side effect of a perceived lack of equivalency between the legal standards of two countries. And it also may be a side effect of different interpretations by different countries as to the nature of criminal justice and the penal system. For important concerns that need to be worked out before any extradition treaty can be finalized are the abolition of the death penalty, the avoidance of double jeopardy and of torture, the establishment of probable cause, the right to a fair trial, the role of nationals, and the ticking away of any statutes of limitations.

Does a person being arrested on a warrant from another county within the same statehave to be booked into the arresting counties jail prior to being extradited?

Not necessarily. If the county holding the warrant could respond quickly, the jail having the prisoner in custody might just keep them in a waiting area until the officers from the other county arrived. When the prisoner was taken back to the county with the warrant, this would not be a "extradition." Extradition occurs only between states.

Does Ca extradite for misdemeanors?

Although it is unllikely. . . wherever 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.

Can commonwealth states extradite from non commonwealth states?

It's not entirely clear if you're talking about nations or US states here, but in general, the answer is yes. However, extradition is always at the discretion of the state where the person actually is; states sometimes refuse extradition requests for various reasons.

All US states and territories usually 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.

In recent history it has been rare for one US state to refuse an extradition request from another; when it happens, it's almost always a political statement. These tend to fall into one of a few categories:

  • You still have capital punishment, you barbarians, we refuse
  • You DON'T have capital punishment, you hippies, we refuse
  • A person whose skin is this color cannot receive a fair trial in your state, we refuse
  • The "crime" alleged here is something that shouldn't even be against the law, we refuse

Does a bench warrant have to be quashed BEFORE a person is arrested?

No. "Quashed" means invalidated. If a warrant is invalidated it cannot be used in an arrest.

Does Idaho have a time limit for extraditing a person who is arrested in Texas and being held on a felony failure to appear?

If the person being held does not "waive" extradition it will take longer because of the detaining state having to hold an extradition hearing to satisfy their law that the extradition is being done 'legally.' There ARE legal pprocedures that must be followed and adhered to (i.e.- filing of papers - court hearing - arranging transportation, etc, etc) A 'reasonable' length of time by the jurisdiction issuing the warrant is expected. However it will seldom be as short as 24 hours, or even a week, but it should not take up to months either. If the delay seems unreasonably long a writ demanding action, or release can be filed with the detaining jurisdiction.

Will Texas extradite someone from Maine for assault charge?

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.

What are Washington extradition laws?

If you are under the jurisdiction of the dept of corrections and you have a warrant they will extradite i have been flown back from Alaska 3 times and Hawaii once and i went to a hearing and i was released within 30 days. a complete joke when all that would have needed to be done is get an interstate compact. and transfer my probation to Alaska. i was on probation for vandalism and theft. look up the offender accountability act

Will Michigan extradite from Oregon?

Yes, as long as certain legal standards are met. As with the other 48 states within the United States of America, Oregon and Michigan tend to respect, and cooperate with, each other, and other states, over extradition requests. For such requests tend to be made over the serious, felony charges. But if a country other than the U.S. takes a role, then neither Oregon and Michigan nor the other 48 states participate in the decisionmaking. For involvement of a country other than the U.S. always is cause for the federal government to act.

Who makes the decision to extradite a fugitive?

The fugitive can accept extradition or he can request the superior court where he is at to block it. This usually becomes an issue in death penalty fugitives that were detained in foreign lands where those governments don't believe in the death penalty. They won't send a person to certain death.

a state governor- eva:)

Will they extradite from Carolina?

All US states and territories honr each other's requests for extradition.

Does barbados have an extradition treaty with the us?

Bill Clinton signed an updated extradition treaty with Barbados in 1996, but there had been an extradition treaty since the 1930's between the U.S. and Britain, which covered Barbados.

Can a person refuse extradition?

No, you don't get a choice. The decision to extradite or not rests with the courts in the country where you have been apprehended. Depending on the country, you may or may not be allowed to present your case to the court before that decision is made.

How do you write an essay on whether the death penalty should be re-instated?

WikiAnswers will not write your essays for you, but we WILL help you learn how to do it yourself! Click on the Related Questions for even more information.

Write sentences the way you speak - just pretend you are telling this to a friend, and write down what you would say. What would you tell them about this topic? Look up some facts! How would you explain the death penalty to your friend? What reasons would you give for reinstating it where you live?

If you just start writing, you will be through with your assignment before you know it!

Which US states are least likely to extradite?

They have repository agreements for that issue. They all will for criminal issues. The statute of limitations shuts off while you are gone also. Roman Polanski just found that out. It is pointless to run these days. IT makes any issue MUCH worse.

Can someone be extradited if they have not been charged with a crime?

Yes you can; it is usually enough to have an arrest warrant issued to be extradited.

Is Tennessee a non extradition state?

No. There aren't any states which flat out won't extradite - the only thing which varies between states is what they're willing to extradite for.

How long after arrest and held for extradition can you file a writ of habeus corpus?

You could file it immediately if you wish, nothing is stopping you.

But the court will probably not entertain it until a 'reasonable' time has passed for the extraditing state to process the paperwork and initiate the legal process to have you returned.

You could probably speed up the process by waiving the process of extradition.

If you're currently being held awaiting extradition, ask to consult with a public defender for advice.

Will a state extradite to a state with the death penalty?

yes, you can be extradited to another state for proscution, then you will be sent back to the original state to serve out the sentence, then if by chance the death penalty was revoked you will still have to serve the full sentence due to the charges against you in the extradited state. Added: All US states and territories honor each other's requests for extradition - there are no 'safe-haven' states.