Westchester County Extradition Defense Lawyers
Extradition is the process that occurs when a state or nation hands an individual to another state or nation for punishment or criminal trial. In the United States, fugitives might be extradited from one state to another. There are state laws and federal laws governing the process. International treaties, on the other hand, vary widely depending on the terms of treaties between the involved nations or groups of nations.
Extradition Between States
The United States federal law is what governs the extradition of an individual between states. The Extradition Clause is outlined in the United States Constitution. It requires that states transfer any fugitives that have either committed or been suspected of committing a crime. These fugitives must be transferred back to whatever state they originally fled from.
For fugitives to be extradited between states, there are a number of steps that must be completed. First, the state claiming jurisdiction over the crime needs to file an official request that the fugitive be extradited. When the state court receives the request, they must go over the paperwork to determine whether the extradition request is valid.
If the request is determined to be valid, then the state court will issue an arrest warrant for the individual in question. Subsequent hearings will be held regarding whether or not the state court should extradite the person.
Some states have individual laws that affect extradition. These laws must not conflict with the federal laws. There are multiple states that have taken part in the Uniform Criminal Extradition Act. This act describes general rules regarding the handling of extradition requests by local courts. The United States Supreme Court has outlined four issues that state courts can debate in order to determine whether they should extradite an individual:
- Whether the extradition request documents are all in order and valid
- Whether the individual has received a criminal charge in the state that is requesting the extradition
- Whether the individual named in extradition request documents is the same individual who received this criminal charge
- Whether the individual named in extradition request documents qualifies as a fugitive from the state requesting extradition
In most states, there are laws that require the individual to be informed about the extradition request. They must also be informed about the outstanding criminal charge as well as their right to legal representation.
If you’ve been involved in an extradition issue, you should get in contact with an attorney as soon as possible. Your lawyer will be able to help you understand the facts of your case and options moving forward. They will also be able to negotiate with the state court requesting the extradition. You might have to return to the state, but depending on the charges, you might also be able to avoid returning by settling the matter outside of court.
What About International Extradition?
When an extradition is done between countries, that extradition is governed by any existing treaties between the countries. There are a multitude of different treaties. These might outline different crimes that cause a person to be eligible for extradition. All countries involved in extradition treaties tend to have individual laws governing the way they will deal with requests for extradition. The extradition process always starts when one country requests another country to extradite a person.
After the second country receives the request, they must examine their treaty obligations. They must also examine their individual laws regarding extradition. Following this process, they’ll decide whether or not to release the individual in question.
The country making the extradition request will also have to meet procedural requirements. Most countries have requirements that the offense be something that is also a crime under their own laws. In the same vein, most countries also won’t extradite individuals if they have already been found not guilty of the criminal charges in question.
Fugitive from Justice Warrants in New York State
In a all to common scenario, a client will call my office for representation in a new criminal case in which the charges are relatively minor and it would be an easy case for the defendant to be released on his or her own recognizance and/or released with relatively low bail. Unfortunately, once they are arrested NYPD will see that they have an out of state warrant or hold lodged against them. The warrant can be from another state, and the holds can be from immigration authorities or probation. This warrant/hold will keep them in remand status for up to 90 days.
This article will deal with fugitive from justice warrants in which a person is arrested in New York, for a crime committed in another state. In this scenario, extradition is mandatory under the United States Constitution (US Const, art IV, § 2, cl 2), under Federal Law (18 USC § 3182), and under New York State law (CPL 570.06). The purpose of the extradition clause is to permit the states to try offenders in the jurisdiction in which the crimes were committed and to preclude any state from being a sanctuary for fugitives from justice from another state. The New York Criminal Justice Uniform Extradition Act is incorporated into the New York Criminal Procedure Law in CPL 570.
The Fugitive from Justice Charge in New York
At the defendants arraignment in local criminal court, one of the charges will be CPL 570 – Fugitive From Justice based on the warrant lodged against him or her. The defendant will have the opportunity to waive extradition and agree to be transported to the other state or to contest extradition.
The NY fugitive from justice law allows a defendant to brought before a local criminal court on either a warrant, or upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by a term of prison exceeding one year. The defendant will be held in New York for a period of up to 30 days for the issuance of a Governor’s warrant. The initial 30 days can be extended for a longer period not to exceed 60 days. The initial 30 day holding period is permitted under CPL 570.36 and the defendant/fugitive can remain in remand status for up to 60 more days under CPL 570.40.The 90 day period in which the defendant must be released begins to run begins on the date of the fugitive warrant. The out of state Governor, has to issue a warrant within that time.
Consent to Extradition from New York to the Warrant State
The defendant will be remanded for the out of state jurisdiction to come and retrieve the defendant. The NY Criminal Court Judge will adjourn the fugitive matter for status reports to determine whether the out of state jurisdiction is making arrangements to retrieve the defendant. Extradition can be done by plane or by car and is the choice of the warrant state. They will usually do the most affordable method and do at their convenience.