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NYC Criminal Defense Attorney



Are you a fugitive in New York facing extradition?

Extradition is the legal process where a person with a foreign warrant is brought back to the state or country that issued the warrant.. Extradition can occur either internationally- between the United States and another country. Or it can occur domestically-between two states.

International extradition is governed by extradition treaties signed and executed between the countries in question.

Domestic extradition, on the other hand, is governed by federal law and supplemented by state legislation. New York State, along with many other states, have statutory provisions relating to extradition that complement federal law.

The process of domestic extradition begins with a formal request from the authorities of the requesting state that the custody state surrender an accused individual to stand trial. The custody state reviews the paperwork and the crime(s) the individual allegedly committed and then issues an arrest warrant. After arrest, the accused is brought before a judge and is provided with the nature of the charges alleged, the right to counsel, and the right to file a writ for habeas corpus, which is an option used to challenge the legal basis for holding the accused individual. A court hearing is then held to determine the legality of the extradition requested. This hearing can be waived and extradition consented to.

Once the accused is in the custody of the requesting state, that requesting state has 180 days to bring the prisoner to trial. Therefore, waiver of extradition may expedite resolution of outstanding charges because the 180 days doesn't begin to run until the prisoner is physically in the requesting state. If a prisoner does not waiver extradition, then the prisoner will have to wait until a governor's warrant is lodged and for a hearing to be held on the legality of the extradition request.

If you are facing out of state charges and are being held in New York State pending extradition, you should consider consulting with an attorney, especially if you do not intend to consent to extradition. An attorney can help you understand the extradition process and access the possible outcomes of the extradition request against you. Contact The Fletcher Law Firm if you are facing a similar situation in New York.