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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

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).

Do Ireland and the Netherlands have extradition treaties with the United States?

Yes. And most European countries tend to follow the model extradition terms as elaborated in the Council of Europe's Convention on Extradition, which dates back to 1996. Important components of that Convention are establishing probable cause of commission of the particular crime, nationality, and statutes of limitations. Particular concerns are avoiding double jeopardy, and making sure of the equivalence of legal standards of the affected countries.

What states do Oklahoma extradite from?

Depending upon the charge, and as long as legal standards are satisfactorily met, Texas and the other 49 states within the United States of America tend to respect, and cooperate with, each other on extradition requests. For such requests tend to be made on the serious, felony charges. But neither Texas nor any one of the other states makes any decisions once the role of a country other than the U.S. emerges. For involvement of another country always falls within the scope of responsibilities of the federal government.

Will Idaho extradite from Calif for a probation violation?

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.

Does North Carolina extradite over back child support in other states?

It's remotely possible, I suppose - the obligor can be held in contempt for failure to pay support - but it's much more likely that New Jersey will ask North Carolina to take various measures to collect the unpaid support.

Which states do not extradite for felony domestic battery?

It is not the charge that determines an extraditable offense, it is the very existence of an interstate warrant. All US states and territories honor each other's requests for extradition regardless of the offense charged. .

How long can a state hold you in their jail before they extradite you to the state where the crime was committed?

Extradition can be a lengthy process, and it takes as long as it takes. There is no statutory time limnit on this process. The legal process to extract a prisoner from one state to be tried in another is a tedious legal process between the two states, but once it has begun you must wait for it to play itself out. If you are still held in the apprehending state after the expiration of 60 - 90 days I suggest you file a Writ of Habeus Corpus to see where the action stands.

What us states will not extradite to Arkansas?

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.

Misdemeanor marijuana probation extradition from Illinois back to Arizona?

ALL US states and territories honor each other's requests for extradtion. Whether they consider your offense serious enough to go through the trouble of extraditing you, or not, can't be known.

Is there a time frame in which extradition must take place?

Here's how it works: 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 initiate action to secure a Governor's Warrant (more commonly known as a warrant of extradition. 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 on you no longer desires you back, they will notify the apprehending state and they will release you, unless you are wanted for some separate offense that occurred in their state. All this takes time, longer if the extradition is being "fought' by the fugitive. I don't know where the questioner gets the idea that there is some type of timeframe for extradition. As far as I'm aware there are no statutory timeframes for the process of extradition. As long as the legal process between the two states has begun and is progressing, then it takes as long as it takes. Believe me, the apprehending state doesn't want you clogging up their jail any more than you want to be there. If the wanting state doesn't want you, the apprehending state is going to toss you out on the street ASAP. The lesson to be learned from this? When there is a warrant out for you turn yourself in and then you won't be spending weeks in someone else's jail.

How long can a warrant of extradition take to get?

A Governor's Warrant (also known as a 'Writ of Extradition') is applied for when the state wants a person who is a fugitive from the laws of their state and is apprehended and held in the custody of another state. It can take, as long as it takes, especially if the fugitive is fighting extradtion. If the detainee is held for more than 90 days - ask for an attorney and file a Writ of Habeus Corpus.

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