arizona EXTRADITION laws
Extradition Information - Consult an Attorney in Phoenix Arizona
If a bench warrant has been issued due to your failure to appear for a criminal case and if you subsequently leave the state or country there is a strong possibility you will have to face extradition proceedings. Extradition hearings represent a very unique and complex area of the law and having an experienced extradition attorney familiar with Arizona proceedings can be the difference between you returning on your own recognizance or in handcuffs. If you have an outstanding Arizona felony warrant, you will need a knowledgeable and aggressive extradition attorney to protect your rights and freedoms.
Alternatively, if you or your loved one has been detained in Arizona on an out-of-state warrant, you will need the immediate assistance of an experienced and aggressive extradition attorney. Depending on the crime and the state or county in which you are detained, your case will take any of three possible courses: one, you may face detention time in the county jail until you are extradited; two, you may choose to waive your rights for extradition; and three, you may be allowed to post a bond for your release. The decision to extradite you or your loved one depends largely on the nature of the charges and willingness of the requesting state to follow through with their prosecution.
In the event that you or a loved one is facing extradition, it is imperative that you know your rights and enlist an attorney in Phoenix to defend your freedom
International extradition refers to the formal process of delivering an individual from one country to another requesting country, where they are to face either prosecution for a crime or sentencing for a matter they have been tried and convicted of.
International extradition is carried out pursuant to either a bilateral treaty (between two countries) or a multinational convention (between multiple countries). The United States has used international extradition treaties since 1795, and has extradition treaties in force with more than 100 countries. The history and precedent of extradition proceedings lend to a complexity of law that requires a highly experienced extradition attorney knowledgeable in Arizona law.
Extradition treaties can be classified as having enumerative or eliminative methods. A treaty that follows the enumerative method lists and defines the crimes for which extradition between the agreeing nations will be granted. In the eliminative method, extraditable offenses are defined in terms of their penalties according to the laws of the agreeing countries. This understanding is essential to combating an extradition request, and an aggressive and knowledgeable extradition attorney will be able to understand and defend against an invalid request. International extradition to and from the United States is governed wholly by federal law, and knowing the federal system is a necessity in order to navigate through the process in a quick manner.
In 1990, Congress enacted legislation permitting extradition of a U.S. National, provided that all conditions of the extradition treaty are met. Generally, under United States law (18 U.S.C. § 3184), extradition may be granted only pursuant to a treaty, and an attorney familiar with the in's and out's of the extradition process will make sure that if this extradition does not follow the letter of the law, you will be released from custody. This is when an experienced and aggressive defense attorney will help to preserve your rights and freedoms. International extradition involves the Office of International Affairs (OIA), which will provide information and advice to Federal and State prosecutors about the procedures for requesting extradition from abroad. Every formal request for an international extradition, based on federal criminal charges, must be reviewed and approved by the OIA. Formal requests based on state charges are also reviewed by the OIA, before submission to the Department of State. The government has hundreds of attorneys working on their side; you will need a qualified extradition attorney in Arizona to ensure your rights are upheld.
Interstate extradition is the term given to the process of removing a person from one state to face charges in another state. The U.S. Constitution and federal law govern interstate extradition. Article IV, § 2, Clause 2 of the U.S. Constitution is codified under 18 U.S.C. 3182. The extradition process timeline will start when a person is arrested, either based on a "fugitive of justice" warrant or more likely when they are detained for an infraction within a state (when detained, most agencies will run a "wants and warrants" check and the "fugitive of justice" warrant will surface). The moment the requesting state is notified of the presence of their "fugitive" in custody - a timeline starts for the state to process their official extradition request.
The extradition process commences when the home state requests for the extradition and return of the "fugitive". An experienced and aggressive extradition attorney is familiar with the process and the requirements for a person to be extradited to/from Arizona or another state, and will fight to protect the freedoms and rights that the state may not keep in mind. The extradition attorney will be there from the initial arraignment, through the period of custody, and if necessary, through the extradition process. An aggressive attorney will ensure the law is followed and the extradition is legitimate. If not, the custody period will cease and the person can no longer be detained. The timeline for the request starts with the notification of detention and will expire at the end of 90 days. Per Arizona Statute, if the other jurisdiction does not pick up the detainee within this period, then the detainee must be released from custody. Proper counsel will help you or your loved one decide which course of action is most beneficial to your specific matter. Whether fighting the extradition by denying the identification in the complaint and thus forcing the foreign state to prove and go through the process of extradition, or by waiving the formal extradition request and going to the requesting state your experienced extradition attorney will aggressively pursue the outcome that is best for you.
The process to extradite you or your loved one is not an easy or simple process. The State and U.S. Constitution protects the rights and freedoms of the individual, and our attorneys will work to protect those rights.
In order to extradite a person, the Governor (or their designee) of the demanding state submits their formal demand for extradition, accompanied by supporting documentation. This packet is then presented to the Governor of the holding state, who then reviews the request and then either issues a warrant of extradition, that commands the arrest and extradition of the "fugitive", or declines the formal request made by the other state.
An experienced extradition attorney can challenge the extradition process in Arizona or from another state, and can do so before the Governor's warrant is issued. This process is called an identity hearing and can only be presented in a trial courtroom. The burden of disproving identity is on the fugitive, and an attorney will be your best defense to make a case of mistaken identity apparent within the allotted time frame, thus saving you or your loved one jail time and further inconvenience.
An experienced and aggressive extradition attorney conveniently located in Phoenix, Arizona will challenge extradition proceedings using a Habeas Corpus motion (which is a motion to ensure that your imprisonment or detention is not illegal), as well as all other available courses of action. Having an attorney will help protect your Sixth Amendment right of Counsel, Fourth Amendment right against unlawful seizures, Fifth Amendment right to due process, and your Fourteenth Amendment right of equal protection under the law.
Extradition Legal Precedent and Arizona Statutes
At present, there are only two states, Missouri and South Carolina, which have not adopted the Uniform Criminal Extradition Act (UCEA). Even though they have not adopted the UCEA, it does not mean that they do not have extradition provisions within their legal systems.
Under the Arizona Revised Statues, Title 13 Criminal Code, Chapter 38, Article 5 Uniform Criminal Extradition Act, the following sections give further information.
- § 13-3841 Definitions
- § 13-3842 Fugitives from justice; duty of governor
- § 13-3843 Form of demand
- § 13-3844 Governor may investigate case
- § 13-3846 Extradition of persons not present in demanding state at time of commission of crime
- § 13-3855 Commitment to await requisition; bail
- § 13-3856 Bail; in what cases; conditions of bond
- § 13-3857 If no arrest made on governor's warrant before the time specified
If you or someone you love is facing extradition, you can contact an attorney located in Phoenix and familiar with Arizona proceedings for assistance with your case.