Extradition is one of the things that can arise as a result of the formal agreements entered into by different states. People who commit crimes in a state with a warrant for their arrest can sometimes find themselves in another state that lacks jurisdiction to try them for such offenses. When this occurs, the state where the warrant was issued can request that the form the individual is in send them back to face the punishment for the crime committed. This process is known as extradition.
Why Does Extradition Occur?
Crimes are jurisdictional. This means that a person can only be tried and sentenced for a crime in the state where they committed it. Therefore, if a person commits a crime in one state and resides in another state, they can face extradition by the law enforcement agency. This extradition is only possible where there is a law or agreement sanctioning it. An individual can only be tried in a location that has jurisdiction over the crime committed. Extradition is the standard procedure for moving the suspect to the state where the warrant for their arrest was issued. The suspect may decide not to challenge the extradition.
Can You Fight Extradition?
A suspect may decide to challenge the extradition process. In that case, they will require an experienced and competent criminal defense attorney to represent them. Once the extradition challenge process has been initiated, the judge presiding over the case will place a bond on it. While the case lasts, the individual may have to get permission before leaving the state.
Waiving Extradition
A suspect may decide to cooperate with the authorities and relinquish their right to challenge the extradition order. Once an individual waives extradition, they will be transported immediately to the state where a warrant was issued for their extradition.
Depending on the nature of the case, waiving extradition can establish a history of cooperation with law enforcement agencies. This is because it saves the law enforcement agency the extra stress of going through a court proceeding before transporting the suspect to the location where they are wanted.
In some cases, the court may consider an extradition waiver in determining the sentence for the crime. However, before deciding to challenge or waive extradition, it is ideal to consult the services of an experienced attorney. The attorney will be in the best position to advise on the best line of action to follow based on the peculiarity of the situation.
Legal Implications of an Extradition Waiver
There are legal implications that accompany an extradition waiver. These legal implications include:
- Immediate arrest and transportation of the suspect to the state where the warrant originated from
- The loss of the legal right to manually resolve the matter
- The suspect may have a pending fugitive from justice case to answer
- The possibility of being viewed as a flight risk by law enforcement agencies
Why Do People Consent to Extradition Waiver?
People consent to extradition waivers for many reasons, and the common one is to show the state that they are cooperative, especially where the facts are indisputably actual. The waiver can also show the requesting state the defendant’s unwillingness to challenge the request.
Another reason people may waive extradition is to avoid the frustration, expenses, and the waste of time accompanying the extradition challenge. The tendency to lose an extradition challenge is high, especially when the facts are undeniable.
Out-of-State Travels During an Extradition Process
The defendant who decides to challenge the extradition is restricted in movement. Once an individual chooses to contest the extradition, they will need permission from the judge before traveling out of the state. However, this option is not available for people who decide to waive extradition.
Once the permission has been granted, the defendant can travel to the state where the warrant was issued. This would allow them to initiate the process of removing the arrest warrant.
Proving Your Case
Once you waive extradition, it becomes impossible to prove your case. To be able to prove your case, you will be required to challenge the extradition. Challenging the extradition will make it possible to reach out to the law enforcement agents of the requesting state and start the process of clearing your name.
Waiver of Formal Proceedings
A fugitive from justice can appear before the state demanding their arrest without going through a formal extradition proceeding. The Uniform Criminal Extradition Act makes it legal for a fugitive to appear before the demanding state without going through an extradition proceeding under the following conditions:
- Consents to go back to the demanding state following an agreement
- The fugitive executes an agreement reached before a judge in the state they are seeking asylumÂ
However, before executing any agreement, the judge must explain their options to the fugitive regarding extradition proceedings. Once the fugitive’s written consent is obtained after completing the terms of the written agreement, it is forwarded to the asylum state governor. The asylum state then hands the fugitive over to an accredited state agent demanding for them.Â
Conclusion
If you are a resident of a state and are faced with charges from another state, you will need to hire a competent criminal defense lawyer to walk you through the process. The peculiarity of the case usually determines the decision as to whether to challenge the extradition or waive it. However, a criminal defense attorney will be better placed to advise on the best action.
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