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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

Which countries do not have extradition treaties with Portugal?

Para a extradicao OS paises precisam de ter as mesmas normas juridicas. Os paises igualmente precisam de responder a perguntas importantes tais como a pratica da tortura e a possibilidade dum julgamento justo. A Republica de Portugal baseia suas politicas da extradicao na Convencao do Conselho da Europa do 1996. A Convencao exige a causa provavel, a protecao do perigo dobro, e um estatuto de limitacoes. A Republica igualmente abuliu a penalidade de morte. Os residentes das antigas colonias encontraram o trabalho e uma vida nova na Republica acolhedora. A Republica consequentemente sucedeu em finalizar tratados com OS paises relutantes como China e India. Os paises tais como uns da Africa e da Asia que nao tem tratados de extradicao com a Republica nao tem tratados com as democracias e republicas ocidentais. Ou sao OS paises tais como Dubai que nao extraditam.

Can nebraska extradite from Florida?

Fly you in an airplane, or drive you in a vehicle.

Non extradition states?

There aren't any states in the US that are non extradition states. The Constitution requires all states to recognize and cooperate with each others laws.

Why are criminal extradited to the state where crime was committed?

The United States work together to try and make the legal system as effective as possible. Sometimes, if someone is charged with a crime in one state and and they are caught in another state, there are no problems, and the subject is sent back to the charging state. But if the subject is charged with a crime in the first state, and then caught in the second with a crimminal charge in the second state, there will be some quarrel over who gets the subject. Usually, the state with the most serious charges and the heaviest "punishment allowable". (unless the death penalty is on the table and then all bets are off) If the subject is convicted of the charges then, after that trial, they are sent to face the other charges in the remaining state. The sentences are usually consecitive, if convicted of all charges from both states. Sometimes, if it is a really terrible crime, a state will fight to keep them after the conviction, to serve out their sentence first, and then go on to face the lesser charges in the second state. If the subject is not convicted of the first state's charges then they are sent to the second state to face those charges.

How do you not get extradited?

It's pretty useless to fight extradiction. If you were arrested in another state, within a week you'd be in front of a judge for your extradition hearing. I think it's more or less a formality, but a lawyer could tell you more. Many people just waive their right to an extradition hearing.

What happens when you skip out on bond?

The company that issued the bond (typically a division of an insurance company) is required to pay the amount of the bond to the Clerk of the Court. Thereafter, the company attempts to locate the absconder and recover that which it paid.

Additionally, the court may issue an arrest warrant for the person who did not appear.

Can you be extradited to Spain from UK?

i hope so Answer Yes, the Extradition Act 2003 lists Spain as one of the partners under the European Arrest Warrant (EAW).

Is felony theft a extradition crime?

It certainly might be. FELONY theft especially.

Will Arkansas extradite for felony probation violation?

Short answer: Yes. Will the State wish to spend the money required to get you from Washington back to Arkansas, that would depend on what you are on probation for? If you are on parole for a violent crime they will come get you. If you are on parole for a minor drug charge they probably would not come get you.

Does Iowa extradite for misdemeanor probation violation?

Yeppers they sure do! Lemme tell you...you want nothing to do with Transcor that's the company that will ship you across the country...Iowa will do anything! Believe me been there done that! I was only on vacation coming back, my ex was upset told my PO she put a nationwide fugitive warrant and had me extradited from Texas! Even Texas couldn't believe it!

Will Texas extradite someone to Pennsylvania for unpaid child support?

It is highly unlikely that such action would be taken. Generally what occurs is the non custodial obligated parent will be denied a driver's license, state ID, or licensing of a vehicle in the state they reside. All states cooperate in child support matters including enforcement of judgment collections and/or warrants. If there is an active warrant for the person authorities have the right to decide whether or not that person is to be detained. Due to those facts extradition procedures are unnecessary. The non custodial, non compliant parent can have his or her wages garnished or bank account levied or property seized or encumbered by a lien.

How long can Washington state hold someone in jail awaiting extradition to California on a California warrant?

The legal term "extradition" does not apply to intra-state transfers of wanted fugitives. Extradition applies only to those fugitives removed state-to-state. It sounds like you are being held for a plain old prisoner transfer.

Will Florida extradite from Maryland on a third degree felony of grand theft?

Speaking from experience here: and a few others I know in the same boat on a 3rd degree grand theft warrant. Honestly, they can do what they want but chances are NO. Again everything is on a case by case. Most of the time, when the officer in the "other" state gets a hit that you are wanted for larceny in FL, your NCIC warrant will have a note saying "Extradiction only in the adjacent states of FL" Meaning, if you are in GA, or AL, and are stopped by law enforcement, FL will come and pick you up. They will not pick you up in any other state outside of FL, GA or AL. Negative: The warrant will always show up until it is removed by the agency that put the warrant in the system, with you either voluntarily surrendering or being picked up on a warrant within their territory. Good Luck, I'm in the same boat, warrant is over 3 yrs old, still showing and have been stopped in every state west of Missisippi and they let me go everytime. All about how bad FL wants you. Hope this helps

Does Florida extradite on a class c felony charge from Missouri?

I was extradited from Texas back to Missouri on a misdemeanor charge of passing a bad check so I would definitely say YES!!! Bad thing was the check wasn't even mine and even though charges were dropped once I got back, they let me out in the middle of Missouri with nothing around and no way to get back home.

Will you get extradited for not paying child support if you move from Florida to North Carolina?

No. However your wages could be garnished up to 75%. If you prepare a financial statement showing your income and expenses and go to a family court and request to see a judge. He will determine what you can pay. You may be able to help with the support of your children and still survive yourself.

Will Tennessee extradite to Indiana?

The full faith and credit clause of the US constitution provides that all states will recognize warrants from other states, and will hold prisoners for extradition.

What are the extradition laws of Illinois?

In addition to whatever the original charge against you was, you will now also be charged as a FUGITIVE FROM JUSTICE. All US states and territories honor each other's requests for extradition.

Will Oregon extradite you on a probation violation in any state?

I was sentenced in Oregon in 2002 to prison for 21 months and three years probation, the day I got out, April 2004, I went straight to Chicago. I did not report at all. I have been pulled over three times, once in Alabama, which I gave him my Oregon license, and told me that I have a warrant but its not extraditable, Got stopped in Tennessee, same thing, stopped in Chicago, same thing I knew that Oregon wouldn't bring me back the day I got out, so My release plan was just that! Oregon only brings you back from connecting states, and don't be fooled by that nonsense about how serious your case is, I had an assault2, Its been seven years now and I'm doing great.

Which US states do not extradite to Michigan?

Whether or not a person should be extradited is not a matter of established law in any US state, meaning, there are no states that do not statutorially disallow extradition. Whether or not an individual should be extradited (returned to another jurisdition) is decided by the judge who presides over the extradition hearing.

Can Georgia extradite from Colorado?

In the United States, The State of Georgia can request extradition of an individual from The State of Colorado. It will usually happen. Any state can request the extradition of an individual from any other state. Extradition is almost never turned down. It has happened. One state refused to extradite a person because the specific action was not a crime in that particular state. Another state refused to extradite an adopted child because the adoption was legal in that state even though a technicality had suddenly made it illegal in the other state. If it is a situation like robbery, etc. Extradition is likely.

How long does PA have to extradite from NY?

If the person is being held for extradition. once the process has begun it takes as long as it takes. It is nowhere near as easy as simply driving over the state line and picking them up. A formal inter-state legal and administrative process must be begun and followed in order to legally take custody of the defendant and remove them from one state to another. If you haven't heard anything in 30 days file a Writ of Habeus Corpus to determine where the process stands.

How long can a jail hold for extradition?

Not familiar with the term "courtesy" hold. If you are held for extradition as a fugitive from another state, there is no "courtesy" about it. It's simply "the law."

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"Courtesy hold" is a common term to those familiar with the law. It means that a person is being held as a courtesy to an agency in another jurisdiction. This is common for example with the US Marshals when they arrest a person in one jurisdiction and have them held in a local jail until they can be transported. The exact length of time varies from one state to the next, but it is normally 7 - 10 days (enough time to arrange extradition paperwork and transportation).