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Common Requirements for an Interstate Fugitive Extradition

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When a person who is facing criminal sentencing, whether accused or already convicted, flees the state in order to evade penalties for their crimes, they officially become a fugitive of the law. Basically, a fugitive is someone who flees criminal prosecution. Once a fugitive, a person is constantly at risk of being intercepted by law enforcement and sent back to the state that is prosecuting them. This process is known as criminal extradition, and involves a series of details that vary greatly from jurisdiction to jurisdiction.

Continue reading to learn more about criminal extradition, including the common requirements that must be in place for government officials to carry out the process.

Criminal man in interrogation room being interrogated and refusing to admit crime

Criminal Extradition Process

Criminal extradition is the process of transporting a wanted criminal from an asylum state (the state they are residing in to avoid prosecution) back to the state where they are facing trial. Although extradition procedures and regulations are governed by federal statutes, our U.S. constitution delegates the duty to surrender a fugitive back to the state they have fled to the State Governor. However, the surrender of a wanted fugitive can only be carried out upon proper request.

There are certain requirements that must be in place in before a state governor agrees to an interstate extradition. Accordingly, an interstate extradition can be denied by an asylum state under four particular circumstances:

☛ All the proper documents are not in order;
☛ The fugitive is not named in the extradition paperwork;
☛ The fugitive is not wanted for a crime in the requesting state;
☛ The fugitive is not actually a fugitive.

Requirements for Interstate Extradition:

☵ The executive authority (the state demanding extradition) makes a demand to the asylum state for the return of a fugitive;

☵ The executive authority must provide a copy of an indictment or affidavit made in a court of law;

☵ The indictment or affidavit must show that the fugitive is charged with a crime, and be certified by the governor or chief magistrate;

☵ The responding executive (asylum state) must have the fugitive arrested, and notify the executive authority of the detainment;

☵ The executive authority must arrive to accept the fugitive within 30 days of the arrest;

☵ A fugitive will be released if the executive authority fails to retrieve them within 30 days of the arrest.

Have Questions About Jail in Indiana?

If you or a loved one needs bailed out of jail anywhere in Indiana, call 317-876-9600 right away. Our licensed Indianapolis bail bondsmen are ALWAYS standing by, ready to answer your questions about bailing a person out of jail, or turning yourself in for an outstanding arrest warrant, and more. We also provide free estimates, jail information, inmate searches, 24 hour services, and much more.

Indiana Bail Bonds 317-876-9600
Indiana Bail Bonds 317-876-9600

FAQS About Criminal Extradition

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Under the National Criminal Extradition code, all suspected and charged criminals are subject to facing sudden interstate transfer if they choose to evade their legal matters, whether that be trial or punishment. If you are currently facing criminal charges in another state, it is wise to learn the potential consequences to avoiding your legal responsibilities; especially since you could possibly be extradited if taken into custody by local law enforcement.

Continue reading to learn the answers to some of the most frequently asked questions regarding the criminal extradition process, including who to trust for discreet assistance and advice.

Indiana Extradition Bail Bonds 317-876-9600
Indiana Extradition Bail Bonds 317-876-9600

What is Criminal Extradition?

Extradition refers to the “handing-over” or “returning” of a wanted criminal from one state or nation, back to the state they fled, in order to stand trial or be sentenced to penalties. Obligatory extradition only secures and transfers persons classified as fugitives; for instance, if a person commits a crime in Indiana, but flees to Kentucky to evade criminal charges, they are considered a fugitive of the law in BOTH states. However, it is solely up to the local governments in the non-residential state (in this example, Kentucky) to cease and detain this fugitive in order to extradite them back to the original state (Indiana) where they committed their crime. The purpose of extraditing fugitives is to secure their return back to the state they are allegedly accused or suspected of committing a crime, so they can stand trial and face their deserved legal charges.

What is the Extradition Process?

To start the criminal extradition process, the state “having jurisdiction of the crime” will make a request for a fugitive’s extradition. Next, the state receiving the request will have a court determine if all the necessary paperwork is in order, and if so, they will then issue a warrant for the fugitive’s arrest. After a series of subsequent hearings reviewing and approving the paperwork, the court will make a decision to extradite or not. Many states have enacted the Uniform Criminal Extradition Act which defines the general rules for how courts make these determinations.

What Must a State Do to Extradite Fugitives?

There are several procedural requirements that must be in order BEFORE a state will extradite, or deport, a fugitive to another state. The United States Federal Law governs criminal extradition from state to state, and is defined in the Extradition Clause of the U.S. Constitution, Article IV, Section 2. The clause decrees that, “A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”

Can a State Refuse to Extradite a Criminal?

There are 4 primary reasons why a state might refuse to extradite a criminal. These reasons are 1) The extradition request forms are not in order; 2) The suspect has not been charged with a crime in the requesting state; 3) The person being requested is not the person charged with the crime; 4) The person is not actually from the requesting state.

How Do I Turn Myself in as a Fugitive?

Contact a bail bondsman in the county of your warrant to prearrange your release from jail. Bail bond companies that offer prearranged bail bond services can help you surrender to authorities safely and securely, while at the same time, arranging to post your bond. This is the most efficient method for surrender to an arrest warrant. In minor cases, or when the jail traffic is low, a bail bondsman can obtain a release for a person turning themselves in for an arrest warrant in as little as one or two hours.

Professional Indiana Bail Bonds You Can Trust

Indianapolis Bail Bonds 317-876-9600
Indianapolis Bail Bonds 317-876-9600

Call Woods Bail Bonds at 317-876-9600 turn yourself into to jail as a fugitive of the state. Owner, James Woods, and his team of experienced bail bondsmen, are licensed and bonded to get you out of jail in over 30 Indiana counties, and can even assist with interstate extradition transfers. We offer prearranged bail bonds, arrest warrant assistance, 24 hour service, and much more. If you have questions about the bail bond and extradition process, we can help. Contact us anytime for free advice and trusted service.