Published by Table Of Contents
Extradition in the United States: An Overview
According to Find Law, fleeing to another state doesn’t guarantee evasion of legal consequences. States and the federal government utilize extradition laws to bring individuals back for criminal prosecution. Extradition enables one state to hand over a person to another state for legal proceedings [1].
Types of Extradition
- Interstate Extradition: Between two states.
- International Extradition: Between two countries, which involves more complex international laws and diplomatic considerations.
Legal Basis for Interstate Extradition
In the U.S., federal law governs state-to-state extradition. The Extradition Clause in Article IV, Section 2 of the U.S. Constitution mandates that:
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime
Additionally, 18 U.S.C. § 3182 outlines the federal requirements for extradition. The Uniform Criminal Extradition Act (UCEA) provides further guidelines, though South Carolina and Missouri have their state-specific laws aligning with federal statutes.
Interstate Extradition Process
The process begins when there is probable cause to issue an out-of-state arrest warrant, typically due to a missed court date or evidence of fleeing. The warrant information is entered into the National Crime Information Center (NCIC), accessible by law enforcement nationwide. If arrested in another state, the authorities notify the state that issued the warrant.
The original state can request the fugitive’s return, known as a requisition. For felonies, the governor of the original state may issue a governor’s warrant to the asylum state. The fugitive can waive extradition or contest it through a writ of habeas corpus.
Upon approval from both governors, an extradition hearing is held in the asylum state. The court determines if extradition is warranted without delving into the underlying charges, adhering to the Sixth Amendment, which mandates informing the accused of the nature and cause of the accusation and their right to legal counsel.
If the court grants the extradition request, the demanding state arranges for the fugitive’s transport. If the habeas corpus petition is granted, the fugitive is released; if denied, they are returned to the requesting state.
Consequences of Ignoring Extradition
No bail is allowed if the offense is punishable by death or life imprisonment. If the fugitive forfeits bail by not appearing as required, bail is forfeited, and immediate arrest follows.
By understanding these processes, individuals and legal professionals can better navigate the complexities of extradition laws in the U.S.
Waiving Extradition in Colorado
According to SCLG, waiving extradition in Colorado occurs when a fugitive arrested in the state for a crime committed elsewhere consents to be transported to the charging state without contesting the extradition process [2].
Extradition Process from Colorado
Extradition from Colorado involves several legal steps allowing the fugitive to fight or waive transportation to the demanding state.
Here are the basic steps:
- Request Filing: The demanding state files an extradition request with Colorado, detailing the charges against the fugitive.
- Governor’s Investigation: The Colorado Governor investigates the charges.
- Governor’s Warrant: The Governor of Colorado signs a warrant from the demanding state.
- Arrest: The fugitive is arrested in Colorado, if not already in custody.
- Transportation Arrangements: Law enforcement arranges to transport the fugitive to the demanding state.
- Extradition: The fugitive is extradited from Colorado to the demanding state.
Bail and Extradition
Fugitives in Colorado may be released on bail while contesting extradition, except in cases where they:
- Are charged with a crime punishable by death or life imprisonment in the demanding state.
- Have escaped custody in the demanding state.
- Have violated bail, probation, parole, or sentencing terms.
- Have signed a waiver of extradition, agreeing not to contest transport.
Waiving Extradition
Deciding to waive extradition is a personal choice, often influenced by:
- Prosecutorial Leniency: The prosecutor may promise leniency if extradition is waived.
- Expediency: The desire to expedite the process and return to the demanding state quickly.
One downside of waiving extradition is that fugitives are no longer eligible to be released on bail while awaiting transportation to the demanding state. And in some cases, fugitives spend several weeks in jail until they get transported.
Related Articles:
- What if You’re Arrested and Have an Out of State Warrant?
- Colorado Misdemeanor Extradition
- What Happens at a Misdemeanor Arraignment Hearing?
See all related personal injury lawsuits our attorneys covered so far.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.findlaw.com/criminal/criminal-procedure/extradition-law—state-to-state-extradition-process.html
2. https://www.shouselaw.com/co/blog/waive-extradition-colorado/
To contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: