Extradition

Extradition Lawyer

Extradition laws and laws regarding an alleged fugitive can be confusing. They can be different from state to state. It is in your best interest to hire legal representation through this difficult process. If you are facing extradition to or from Columbus or any of the surrounding areas in Ohio, call Attorney Adam Burke today for your free consultation at (614) 280-9122.

Extradition 

One state giving over an individual to another state for the purpose of a criminal trial or punishment is extradition. A fugitive is an alleged offender who flees. Federal law governs the extradition of fugitives from one state to another within the United States. However, many states have their own extradition laws. In Ohio, the governor regulates extradition. If an alleged fugitive is arrested in another state, the governor of Ohio can demand extradition. 

Treaties between countries govern international extraditions. If the requesting country may subject the individual to the death penalty or torture, some countries may refuse extraditions.

Extradition from One State to Another

The state that claims to have jurisdiction over the crime has to make a request for the alleged fugitive's extradition. A court in the state that receives the extradition request then determines whether the paperwork is accurate. If it is, the court issues an arrest warrant for that person. Hearings held afterwards determine whether to extradite him or her.

The alleged fugitive can request a hearing to contest the extradition or can waive their right to a hearing. If he or she waives their right to a hearing, they will immediately return to the requesting state. 

Most states requested to return a fugitive have to inform him or her about the extradition request, the underlying criminal charge, and their right to legal counsel. 

Extradition Process

A person who is arrested in Ohio and is held as a fugitive can be confined up to 30 days in order to arrest him or her under the authority of a governor's warrant. A trial court is authorized to hold an alleged fugitive up to 90 days while waiting for the governor's warrant. The court can also release the alleged fugitive on bail while waiting for the service of the governor's warrant for extradition. ¹ 

Once served with the Governor's warrant, the alleged fugitive can apply for a writ of habeas corpus to challenge the legality of his or her arrest. The alleged fugitive is loses entitlement to a release on bond. The habeas corpus hearing only focuses on the legality of the arrest and does not address whether the pending charges are valid. If no challenge to the legality of the arrest arises from the hearing and the other state receives the governor's warrant, the court transports the alleged fugitive to the state that requested the extradition. ²

Attorney Adam Burke Llc — Columbus, OH Extradition Attorneys

If you are facing extradition to or from Columbus or any surrounding area in Ohio, it is important to hire an experienced criminal defense attorney. Call Attorney Adam Burke today at (614) 280-9122 for your free consultation.