Out-of-State Arrest Warrants Lawyers
If an Arrest Warrant has been Issued for Me in one State, Can I be Arrested in Another?
Yes. According to the Federal Rules of Criminal Procedure, an arrest can be executed anywhere in the United States.
I've Been Arrested on an Out-of-State Warrant, Where Will I Be Tried?
You will likely be tried in the state where the warrant comes from. You will be returned to the state where the crime was committed (or where you have been accused or convicted) from the state you are currently in. This process is called extradition. It is also sometimes known as interstate rendition when you are transferred from one state to another.
Do All States Have Extradition?
Only Missouri and South Carolina have not adopted the Uniform Criminal Extradition Act (UCEA). The UCEA allows the arrest of fugitives in a state accused of a crime in another state for which the penalty is at least one year in jail. Even private individuals are allowed to make an arrest . While Missouri and South Carolina have not adopted the UCEA, that does not necessarily mean they do not have extradition provisions. Also, the Supreme Court has held that states have the right to refuse to extradite individuals.
Can I Fight Extradition?
Extradition is only proper when a person has been properly charged in the state he will be returned to. But, you can't question whether youâ¿¿ve been properly charged before being extradited. You are allowed to argue that you were not in the state where the crime (occurred at the time of the crime (thus proving you could not have committed the crime If there is conflicting evidence on this issue, you will be extradited.
What are Extradition Waivers?
An extradition waiver waives your right to an extradition hearing. An extradition hearing will be held to determine if extradition is appropriate. If you sign an extradition waiver, you give up your right to this hearing and you will be returned to the requesting state. Not all places have or allow for extradition waivers.
Can I Be Extradited to a Foreign Country?
International extradition depends on whether the United States has signed a treaty with the country seeking to extradite you. If the United States has signed a treaty, you can be extradited under the terms of the treaty. The United States usually requires evidence that shows a violation of the laws in both the United States and the other country. Also, the offense that the other country seeks you for must be listed in the treaty.
I've Been Arrested and I May be Extradited, Do I Need a Lawyer?
An experienced criminal defense attorney will have knowledge of the extradition process and can inform you of your rights. A criminal defense attorney can also help you fight extradition and represent you in court. Because of the complicated extradition process, a criminal defense attorney can play a crucial role in your case.
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Last Modified: 06-08-2010 10:33 AM PDT
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