Extradition is the surrender by one state or country, to another, of an individual that has been accused or convicted of a criminal offense in the other state or country when requested by that “other” state or country.
Extradition Under the Law
It is the duty of the governor of each state to have arrested and delivered to the governor of any other state:
- Anyone charged with any felony in that state
- Anyone wanted for sentencing or to serve a sentence after conviction of a crime who has fled from that state and who is in this state
A person in custody in one state will not be delivered to another state unless he or she is taken before a judge in this state. The judge must then inform the individual of the following:
- The demand for extradition made by the other state
- The crime with which the individual is being charged
- The individual’s right to counsel
- The rights of the individual to request an extradition hearing
If a hearing is not requested, the person in custody will be taken to the agent of the state who is demanding the extradition.
Defenses to Extradition
Extradition is a very serious matter, however there are some potential defenses that may be effective, depending on the circumstances of a case. Your defense attorney should examine every aspect of your case, including:
- Is the person in custody the person mentioned on the extradition warrant?
- Was the extradition warrant signed?
- Is the demand made by the other state in the proper form?
If you or someone you know is, or will be the target of extradition to another state, secure counsel immediately. Contact the Law Offices of Bradley J. Cockrell for immediate assistance with your case. We are available 24 hours a day, 7 days a week.