Warriors In The Criminal Defense Arena

How does extradition work?

On Behalf of | Dec 9, 2021 | Criminal Defense |

When you face charges in one area but officers arrest you in another area, there must be a transfer of custody so you can go to court in the right jurisdiction. The process to transfer you to the custody of the correct law enforcement agency is extradition.

The U.S. Department of Justice explains extradition as a legal process involving the request of one jurisdiction to another to receive a person in custody. It requires a court hearing.

The process

If you are in a situation where you need to transfer to another law enforcement agency, you will go before the court. You have the right to say you wish to fight extradition. If you do this, there will be a hearing where you can show why the court should not transfer your custody.

The granting

Whether you decide to fight or not, the court will have to determine if the extradition request meets the legal requirements. The court can and does sometimes refuse extradition. This is more likely to happen when there is a foreign country involved in the process. Some countries do not have an agreement with the U.S. to return prisoners.

The timeline

When you have extradition between counties or states within the country, it usually is not a lengthy process. However, if the situation involves a foreign country, it can take years for it to go through.

Extradition means you transfer to the custody of the jurisdiction which has charges against you. An officer may arrest you on a warrant out of any jurisdiction, but there must be a court hearing to move you to the correct place for the official process of a trial for the criminal accusations can take place.