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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 state will extradite for possession charges of meth?
All of them and then that depends on exactly how much you got caught with and if it is a simple possession charge or a sales or manufacturing charge. If you got caught for simple possession, no they wont. But, if you got caught with 3 grams or better and charged with Sales or Manufacturing, you better believe they will come and get you.
It is called the surrender of an accused or convicted person by one state or country to another (usually under the provisions of a statute or treaty)
Legal surrender of a fugitive to the jurisdiction of another state, country, or government for trial.
Source: Answers.com
It's when you're turned back over to the place where you committed a crime. For example, if you commit a crime somewhere in the U.S., and you flee to Canada, the Canadians can deport you back to the U.S., and that would be extradition. Same goes for states and counties.
Is violation of probation serious enough for the person to be extradited?
Yes, the person has been duly convicted and sentenced for a crime. A person leaving the state where probation was imposed without proper authorization is considered a fugitive from justice and is subject to extradition procedure.
Will Arizona extradite for a felony 4 Aggravated DUI?
States do not have the prerogative to refuse to send a criminal to another state where he is desired for prosecution. However, if no such request has been made, they are also not required to do so upon their own initiative.
How can you avoid extradition from one state to another?
Extradition, or the effort of removing the accused from one state to face charges in another is generally going to be successful. However, even in those cases, it can certainly prove to be an effective strategic tool for the defense.
Extradition can be ultimately successful if the state that is seeking the individual charged is doing so under circumstances or based on charges that the host state finds offensive. Obviously, in the US where the states laws are generally quite consistent, the variations that would rise to being truly offensive are relatively few and typically revolve around particularly serious crimes or the treatment of defendants.
For example, in one case a fugitive charged with a heinous murder in one state would be facing the death penalty were he/she convicted. The host state had ended the death penalty, so the Governor of the host state refused to agree to extradition until the charging state agreed, in writing, that this defendant would not face the death penalty.
Similarly, it is conceivable that other states might impose their guidelines or requirements for proper procedure, whether that be search and seizure, interrogation upon the charging state. Alternatively the treatment of defendants, such as a charging state that would just warehouse a defendant with mental deficiencies might rise to create significant concerns for the host state who would then, as in the example above, seek to negotiate pending care rather than strict detention prior to trial or even after depending on the prevailing philosophy.
For juveniles, the host state may find that issues regarding problems like trying the youth as an adult could come into play. If the host state would not try this particular fact pattern as an adult, they could request that the charging state forgo that option as part of paving the way for the extradition.
In many cases, extradition can be used to help slow the charging state from having easy access to the accused or may serve to bring attention to an injustice or simply provide needed time for the defense. While these and other goals may be very helpful to the defense, generally time is the only thing that will be accomplished as the relationship between states is one that will ultimately result in the accused being transported to the charging state, at least once all the details are ironed out.
What are extradition laws in Wisconsin on child support issues?
If you were to leave the state of Wisconsin and were on parole would you be charged with a new crime.
Will Florida extradite a person from Michigan on a failure to return rental property charge?
No, that would be a civil matter not a criminal one. Such a matter could be resolved via a lawsuit filed in the appropriate civil court in the city or county where the person named as the defendant resides if the parties involved could not reach an equitable agreement.
Another View: Disagreement arises. If the Florida individual who rented (whatever it is) and then removed the property from the state of Florida TO the state of Michigan, they have converted the property to their own use, which is a theft/larceny offense.
This WOULD be a criminal offense and depending on the monetary value of the stolen property, could rise to the level of a felony crime. It is possible that a warrant might be issued - but whether FL would actually extradite from MI cannot be known.
Does Ohio extradite for probation violation on a traffic misdemeanor?
Realistically..., probably not - but they could. However your traffic offense won't 'go away' and very probably will affect the status of your license (suspended/revoked) and/or your being able to renew it, or apply for a replacement or get one in a new state. Probation is a sentence after being pronounced guilty and it makes no difference what the underlying offense was, you are now guilty of violating a court order. If I were you I'd get it cleared up because eventually it's going to catch up with you, usually when you least expect it and at the worst possible time (just like "Murphy's Law')
