Extradition

Extradition is a process where fugitives from justice are returned by the asylum state to the demanding state to stand trial on pending criminal charges.

The extradition process begins when the fugitive is arrested in the asylum state as a result of criminal charges in the demanding state. If the fugitive does not waive extradition, the extradition process continues and the fugitive is taken before a magistrate, where the fugitive is either committed to jail or admitted to bail.  Then the magistrate establishes a time in which the demanding state may arrest the fugitive.  When the demanding state is notified of the fugitive’s arrest, he can either waive extradition or refuse to waive extradition, the demanding state submits formal documents requesting the governor of this state to issue a requisition [warrant] and agent’s commission.

When and if the demanding state’s request is approved, the governor issues his rendition warrant, which authorizes the arrest of the fugitive and the delivery of the fugitive to the agents of the demanding state.  But a fugitive has a right to challenge the extradition in a habeas corpus proceeding.

Unless the fugitive is charged with a capital crime, he is eligible for bail in the asylum state.  The fugitive is held for a “reasonable time” for the demanding state.  Reasonable can be as little as 10 days and as many as 30.