Extradition to Another State

When a person is suspected–or has actually been convicted–of committing a crime in another state, the U.S. Constitution provides for that person to be surrendered from the suspect’s current state residence to the state where the alleged crime took place. Then the suspect will be able to stand trial and/or be punished for the crime in question. The process is known as extradition.

The Extradition Clause

The Constitution’s Extradition Clause says that when one state demands that another deliver a felon who has fled justice, the state receiving the demand–referred to as the asylum state– must comply. This interstate extradition occurs regularly across the country following a mandatory extradition proceeding. The requirements include:

• There has been an official demand from another jurisdiction from which the suspect has fled;
• The executive authority making the extradition demand has produced an affidavit or indictment indicating a crime, felony, or treason charge;
• The chief magistrate or the governor of the requesting jurisdiction must have certified the indictment or affidavit;
• The state receiving the demand must then arrest the accused and notify the demanding authority of such;
• Within 30 days, the requesting authority must receive the prisoner, or the prisoner must be released.

Concerns of the Asylum State

Whether the charges against the prisoner are valid or sufficient are not a matter of concern for the asylum state. Rather, their goal is simply to comply with the demand. However, if the fugitive in question is currently incarcerated for crimes committed in the asylum state, the rendition request can be withheld until that sentence has been fulfilled. But that decision is a matter of executive discretion in the asylum state. The governor is entitled to keep the prisoner or may choose to surrender the fugitive to the demanding state. For example, let’s say the fugitive is accused of kidnapping someone in Utah, and has driven across state lines to Nevada, where the fugitive then rapes the kidnapping victim. Utah may demand extradition in the hopes of trying the accused on kidnapping charges. Nevada can either agree to the extradition, or can choose to instead try and potentially imprison the accused on the rape charge. Ultimately, the fugitive will likely be tried on both charges; the question is which trial will come first. The decision is in the hands of the governor of Nevada, who is under no obligation to consider the wishes of the fugitive.

Protecting Rights

The dedicated Las Vegas criminal defense attorneys at Lobo Law are committed to protecting the rights of our clients in all circumstances. To discuss your concerns, schedule a confidential consultation in our Las Vegas office today.