If you or a loved one has been arrested and is in danger of being extradited to another state you need an expert extradition law attorney to get them out of jail and back at home. Most states have jurisdiction over people existing within their borders. On the other hand, a State does not have authority over a person in another State.
To legally arrest a person who is a fugitive found in another state and return that person to the appropriate State, cooperation must exist between those states.
Interstate extradition consists of two steps:
- issuance of an interstate arrest warrant
Lawful Extradition between States
A seasoned extradition law attorney is required to determine if the extradition will be or is lawful. As your attorney I will analyze all documentation available. Below is my abbreviated 6-point test of what I will be looking for. If one or more of these requirements do not exist, then the extradition is not lawful and the prisoner should be released.
- An executive authority demand to the state to which a fugitive from justice has fled.
- The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory.
- Such document must charge the fugitive demanded with having committed treason, felony, or other crime.
- Such document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
- The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.
- An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released.
In Texas, the state applying for the extradition must provide the above requirements within 10 days of the defendant’s arrest. Don’t wait. Call me on day one to get you or your loved one out of jail.