Extradition

Extradition?

New postby Malvina » 23 Oct 2012, 01:38

Could someone please tell me the procedures for extraditing a felony wrap to another state, Ohio and Texas?
Please I need answers qiuckly, I keep getting the runaround.
Thank you so much.
Malvina
 
Posts: 1386
Joined: 08 Apr 2009, 18:45

New postby Genny » 23 Oct 2012, 01:38

Art. IV provides the right for extradition. So, here's the procedure (in most states).

The requesting state governor must execute an Extradition Warrant (request).

Person gets arrested in other state. His name pops up on computer for the extradition warrant. He goes to jail. He gets a public defender for the extradition hearing.

At the extradition hearing, the only (real) question is whether the person before the judge is the person identified in the warrant, and whether the warrant is in proper form. All other questions (guilt, etc.) are left to the requesting state.

Once the person's extradition is approved by the arresting state, he is transported (by the requesting state) to stand trial, at which location bail, charging, and all other decisions are made.

Good luck.
Genny
 
Posts: 1382
Joined: 08 Apr 2009, 18:45

What is the time limit for extradition from Pennsylvania...

New postby Ethan » 23 Oct 2012, 01:38

What is the time limit for extradition from Pennsylvania to Virginia?

My friend is being held in a jail in Pennsylvania and after his hearing on Wednesday, the state of Virginia will have the right to have him extradited there. They have to pick him up. What is there time limit to pick him up? My friend said it was ten days and after that they would have to file an extension and the max total is 30 days from the day that they are allowed to pick him up.
Ethan
 
Posts: 1371
Joined: 08 Apr 2009, 18:45

New postby Fermina » 23 Oct 2012, 01:38

I think that you are confusing the time limit for the action on the detainer with the order for extradition.

He is currently held on a detainer for a warrant of extradition and the courts have a limited amount of time to act on that. Since his court date is Wednesday, the time limit on the warrant is a moot point. The amount of time for extradition is generally set by the judge. On average, they will order that the extradition take place within 30 days.

Unless a flight is required, he will probably be picked up in15 days. The courts in Pennsylvania will have to notify the Sheriff's Office in Virginia of the court findings for the extradition process. They will probably sit on it for a few days before faxing it out. The Sheriff's Office in Virginia will probably take a few days to figure out the logistics of transporting the inmate back to the state.

Good luck!
Fermina
 
Posts: 1403
Joined: 08 Apr 2009, 18:45

What happens when you do not sign waiver for extradition...

New postby Alessandra » 23 Oct 2012, 01:38

What happens when you do not sign waiver for extradition from one state to another? Need answer soon?

My dad is being held in one state by US Marshalls with warrants from another state. He has no charges in the state that is holding him; what happens if he does not waiver the extradition for the state with warrants to come and get him?
Alessandra
 
Posts: 1377
Joined: 08 Apr 2009, 18:45

New postby Ruby » 23 Oct 2012, 01:38

I'm not a lawyer, but i would follow the "deny until you die" theory, which states, making law enforecment work for everything. Cooperating with law enforcement does nothing to help your case in anyway, unless there is a signed deal saying otherwise. The longer your dad is out of state, the better, as witnesses and evidence have time to forget and be misplaced. Remeber, making the DA anngry is NOT evidence against your dad, and regaurdless the da will prosocute to te best of his ability anyway.
Ruby
 
Posts: 1335
Joined: 08 Apr 2009, 18:45

How long does it take to go to court after extradition?

New postby Claretha » 23 Oct 2012, 01:38

My brother is in jail in Louisiana but he is going to be extradited to Texas (Harris county) in the next 30 days.How long before he goes before a judge? And does the Texas thing have to be finished before he goes to court in Louisiana?
Claretha
 
Posts: 1412
Joined: 08 Apr 2009, 18:45

New postby Elina » 23 Oct 2012, 01:38

Sounds like the charges in TX are far more than what he's facing in LA - extraditions involve the governor's office of both states and the Federal Marshals who transport prisoners between states. He will appear before a judge within 30 days for an extradition hearing unless he waives extradition and will be sent back to TX when Federal Marshals become available.
Elina
 
Posts: 1296
Joined: 08 Apr 2009, 18:45

How do i find out about extradition limits on a warrant?

New postby Darrel » 23 Oct 2012, 01:38

If someone has a body warrant on a misdemeanor charge, how can you find out if it is extraditable or not? If someone has a body warrant on a misdemeanor charge, how can you find out if it is extraditable or not?
Darrel
 
Posts: 1418
Joined: 08 Apr 2009, 18:45

New postby Mistie » 23 Oct 2012, 01:38

Bench or arrest?

Arrest warrant...You'll find out the hard way.

Bemch Warrant...Call the issuing county and ask.
Mistie
 
Posts: 1316
Joined: 08 Apr 2009, 18:45

What happens when somebody fights extradition?

New postby Fanny » 23 Oct 2012, 01:38

Do they need a lawyer? Do they just bargain with the other country? Do they need a lawyer? Do they just bargain with the other country?
Fanny
 
Posts: 1315
Joined: 08 Apr 2009, 18:45

New postby Fabian » 23 Oct 2012, 01:38

The country in which they are in conducts an extradition hearing. For example, if the person is a US citizen and is caught in Mexico and is supposed to be extradited back, he would have access to the US Consulate, and would be able to get an attorney to represent him.
Fabian
 
Posts: 1399
Joined: 08 Apr 2009, 18:45

What countries do not have criminal extradition treaties...

New postby Estefana » 23 Oct 2012, 01:38

What countries do not have criminal extradition treaties with America?

I know that there are foreign countries that will not extradite a person who committed a crime in America. What are those countries?
Estefana
 
Posts: 1348
Joined: 08 Apr 2009, 18:45

New postby Gisela » 23 Oct 2012, 01:38

Any country not on the list below.

Albania March 1, 1933 November 14, 1935 49 Stat. 3313. L
Antigua and Barbuda June 3, 1996 July 1, 1999 TIAS
Argentina June 10, 1997 June 15, 2000 TIAS ; 259 UNTS 129
Australia May 14, 1974
September 4, 1990 May 8, 1976
December 21, 1992 27 UST 957; TIAS 8234
1736 UNTS 344
Austria January 8, 1998
May 19, 1934 January 1, 2000
September 5, 1934 TIAS
49 Stat. 2710.
Bahamas March 9, 1990 September 22, 1994 TIAS.
Barbados February 28, 1996 March 3, 2000
Belgium April 27, 1987 September 1, 1997 TIAS ; 2093 UNTS 263
Belize March 30, 2000 March 27, 2001 TIAS
Bolivia June 27, 1995 November 21, 1996
Brazil January 13, 1961
June 18, 1962 December 17, 1964
December 17, 1964 15 UST 2093; TIAS 5691; 532 UNTS 177.
15 UST 2112; TIAS 5691; 532 UNTS 198.
Bulgaria March 19, 1924
June 8, 1934 June 24, 1924
August 15, 1935 43 Stat. 1886; TS 687; 5 Bevans 1086; 26
LNTS 27
49 Stat. 3250; TS 894; 5 Bevans 1103; 161 LNTS 409

Burma December 22, 1931 November 1, 1941 47 Stat. 2122; TS 849; 12 Bevans 482; 163 LNTS 59.
Canada December 3, 1971
Jun. 28, July 9, 1974
January 11, 1988
January 12, 2001 March 22, 1976
March 22, 1976
November 26, 1991
April 30, 2003 27 UST 983; TIAS 8237.
1853 UNTS 407
TIAS.
Chile April 17, 1900 June 26, 2002 32 Stat. 1850; TS 407; 6 Bevans 543.
Colombia September 14, 1979 March 4, 1982 TIAS.
Congo January 6, 1909
January 15, 1929
April 23, 1936 July 27, 1911
May 19, 2029
September 24, 1936
August 5, 1961 37 Stat. 1526; TS 561; 7 Bevans 872.
46 Stat. 2276; TS 787; 7 Bevans 972; 92 LNTS 259.
50 Stat. 1117.
50 Stat. 1117; TS 909; 7 Bevans 995; 172 LNTS 197.
Costa Rica December 4, 1982 October 11, 1991 TIAS.
Cuba April 6, 1904
December 6, 1904
January 14, 1926 March 2, 1905
March 2, 1905
June 18, 1926 33 Stat. 2265; TS 440; 6 Bevans 1128.
44 Stat. 2392; TS 737; 6 Bevans 1136; 61 LNTS 363.
33 Stat. 2273; TS 441; 6 Bevans 1134.
Cyprus June 17, 1996 September 14, 1999
Czech Republic July 2, 1925
April 29, 1935
March 29, 1926
August 28, 1935 44 Stat. 2367; TS 734; 6 Bevans 1247; 50 LNTS 143.
49 Stat. 3253; TS 895; 6 Bevans 1283; 162
LNTS 83.

Denmark June 22, 1972 July 31, 1974 25 UST 1293; TIAS 7864.
Dominica October 10, 1996 May 25, 2000
Dominican Republic June 19, 1909 August 2, 1910 36 Stat. 2468; TS 550; 7 Bevans 200
Ecuador June 28, 1872
September 22, 1939 November 12, 1873
May 29, 1941 18 Stat. 199; TS 79; 7 Bevans 321.
55 Stat. 1196; TS 972; 7 Bevans 346.
Egypt August 11, 1874 April 22, 1875 19 Stat. 572; TS 270; 10 Bevans 642.
El Salvador April 18, 1911 July 10, 1911 37 Stat. 1516; TS 560; 7 Bevans 507.
Estonia November 8, 1923
October 10, 1934 November 15, 1924
May 7, 1935 43 Stat. 1849; TS 703; 7 Bevans 602; 43 LNTS 277.
49 Stat. 3190; TS 888; 7 Bevans 645; 159 LNTS 149.
Fiji December 22, 1931 June 24, 1935
August 17, 1973 47 Stat. 2122; TS 849; 12 Bevans 482; 163 LNTS 59.
24 UST 1965; TIAS 7707.
Finland June 11, 1976 May 11, 1980 31 UST 944; TIAS 9626; 1203 UNTS 165.
France April 23, 1996 February 1, 2002 TIAS ; 2179 UNTS 341.
Gambia December 22, 1931 June 24, 1935 47 Stat. 2122; TS 849; 12 Bevans 482; 163 LNTS 59.
Germany June 20, 1978
October 21, 1986 August 29, 1980
March 11, 1993 32 UST 1485; TIAS 9785; 1220 UNTS 269.
TIAS ; 1909 UNTS 441.
Ghana December 22, 1931 June 24, 1935 47 Stat. 2122; TS 849; 12 Bevans 482; 163 LNTS 59.
Greece May 6, 1931
September 2, 1937 November 1, 1932
September 2, 1937 47 Stat. 2185; TS 855; 8 Bevans 353; 138 LNTS 293.
51 Stat. 357; EAS 114; 8 Bevans 366; 185 LNTS 408.
Grenada May 30, 1996 September 14, 1999
Guatemala February 27, 1903
February 20, 1940 August 15, 1903
March 13, 1941 33 Stat. 2147; TS 425; 8 Bevans 482.
55 Stat. 1097; TS 963; 8 Bevans 528.
Guyana December 22, 1931 June 24, 1935 47 Stat. 2122; TS 849; 12 Bevans 482; 163 LNTS 59.
Haiti August 9, 1904 June 28, 1905 34 Stat. 2858; TS 447; 8 Bevans 653.
Honduras January 15, 1909
February 21, 1927 July 10, 1912
June 5, 2028 37 Stat. 1616.
45 Stat. 2489.
Hong Kong (PRC) December 20, 1996 January 21, 1998
Hungary December 1, 1994 March 18, 1997
Iceland January 6, 1902
November 6, 1905
February 19, 1906 32 Stat. 1096.
34 Stat. 2887.
India June 25, 1997 July 21, 1999
Iraq June 7, 1934 April 23, 1936 49 Stat. 3380.
Ireland July 13, 1983 December 15, 1984 TIAS 10813.
Israel December 10, 1962 December 5, 1963
April 11, 1967
14 UST 1707.
18 UST 382.

Italy October 13, 1983 September 24, 1984 TIAS 10837.
Jamaica June 14, 1983 July 7, 1991
Japan March 3, 1978
August 5, 2003 March 26, 1980
31 UST 892.
Treaty Doc. 108-12 DC
Jordan March 28, 1995 July 29, 1995 1995 U.S.T. LEXIS 215.
TREATY DOC. 104-3
Kenya December 22, 1931 June 24, 1935
August 19, 1965 47 Stat. 2122.
16 UST 1866.
Kirib
Gisela
 
Posts: 1424
Joined: 08 Apr 2009, 18:45

How can Joel Patrick Courtney fight his extradition from...

New postby Darcey » 23 Oct 2012, 01:38

How can Joel Patrick Courtney fight his extradition from New Mexico to Oregon?

And when could we expect to see him returned to Oregon to face charges in Brooke Wilberger's murder?
Darcey
 
Posts: 1375
Joined: 08 Apr 2009, 18:45

New postby Tama » 23 Oct 2012, 01:38

Fighting extradition and succeeding, are two different things. Any criminal will attempt to keep from being tried for a murder case, if they possibly can get away with it. The case in NM sounds less of an evil than a murder in Oregon.
I only took a fast look at the summary on Wikipedia, which might not be up to date. I think it is fairly standard for law enforcement to cooperate when they believe that the charges in Oregon are legitimate. Calling someone a "suspect" in a crime may not be sufficienct to have extradition granted. If there is enough valid evidence to charge him, then he would almost surely be sent to Oregon for trial.
Tama
 
Posts: 1301
Joined: 08 Apr 2009, 18:45

Next

Return to Law & Ethics



Who is online

Users browsing this forum: No registered users and 2 guests

cron