New Jersey Extradition Law; and, International Extradition Law
At Bailey & Orozco, LLC, our Newark firm, attorneys Howard Bailey and Michael Orozco see that our clients' rights are protected during extradition proceedings. If you are facing extradition and would like to discuss your situation with one of our lawyers, please contact our offices and make arrangements for a free consultation.
Extradition Law
Interstate extradition is the process where a person facing an arrest warrant in a state other than New Jersey is returned to that other state. The rights afforded to a person charged with a crime in the United States, such as the right to counsel, and the right to remain silent, apply to all cases and in all States. The principal parties are the person who is being extradited and the prosecutors in the two States.
International extradition is the process where a person facing an arrest warrant in another country, other then the USA, is returned to that other country. The rights afforded to a person charged with a crime in the United States; do not apply to a crime being prosecuted in another country, even if the person charged was extradited from the US back to that other country. The principal parties are the person being extradited, The United States Department of State, The US Attorney's Office, and the requesting country.
The procedures that must be followed in Interstate extraditions are governed by State statutes and Court Rules. The procedures that must be followed in International Extraditions are governed by International Treaties, Federal Statutes and Court Rules. The criminal charges that are the basis of the Interstate or International extradition request are not addressed during the extradition litigation, only the question of removal to the requesting state or country. The criminal charges can only be defended in the state or country issuing the arrest warrant.
Generally, if an extradition request has been filed against you, the Court will require you to return to the requesting state or country to answer the charges, unless you are able to successfully assert one of several available grounds to establish that you should not be extradited. Procedurally, you can choose to waive extradition or, if you can fight extradition. Before making this decision, it is important to thoroughly examine the basis for the extradition request before deciding whether to agree to a waiver or to oppose extradition. In making a recommendation, your attorney will consider the grounds on which your extradition can be successfully fought and the legal and strategic advantages to either waiving or fighting extradition.
One of the most important considerations in deciding whether to waive or fight extradition is whether you are in custody or not. If you are in custody, you can request the Court set bail for your release while you fight extradition or voluntarily return to the requesting state. When determining whether to set bail, the Court will consider the nature of the criminal charges, your prior record, and other factors.
