Dundee Michigan Police had police in Lakeland, Florida help them bring in 52-year-old Samuel Savett, accused of criminal sexual conduct against a 13-year-old girl, from Florida to Michigan to be tried.
The Extradition Clause of the United States provides for the return of an individual charged with a crime in one state who is physically located in another state. Originally, the legal authority for interstate extradition was found in the Article IV, Section 2, Clause 2 of the United States Constitution which states:
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.
When one has committed a crime in another state, that state many times will issue an extradition warrant. An Extradition Warrant is an Arrest Warrant issued by another state, requesting that local authorities in the asylum state (the state where police suspect fugitive is) arrest a fugitive and transport the fugitive back to the demanding state.
One of the most important reasons one needs an experienced attorney in interstate extradition cases is that even if the demanding state has authorized the person to post a bond, the bond cannot be posted in the asylum state, only in the demanding state. As a result, the person must remain incarcerated until the demanding state retrieves the fugitive; a process that often takes thirty days or more.
The only way to avoid incarceration pending extradition is to convince a judge in the asylum state to set what is known as an Extradition Bond. An Extradition Bond allows a person to post a bail-bond, which is usually conditioned on the person either surrendering in person to the demanding state or being required to reappear at a later date for what is known as an extradition hearing.
This happens in many extradition cases involving probation, the judge may decide to withdraw the warrant and terminate the probation so that one never has to return to Florida to answer the charges that one violated probation. This usually requires one to show that the probation warrant is extremely old, and that one has turned one’s life around and become a productive member of society without any new charges.
If an extradition bond is granted, the person would be required to first post a bond in the asylum state, then voluntarily travel to the demanding state to surrender, and then provide the asylum state with proof of the surrender. Once the proof of surrender is provided, the bond in the demanding state will be released.
One has certain rights from state to state, regardless of any specific state regulation, including:
– Being provided certain due process protections including the hearing and the opportunity to be represented by a lawyer while awaiting extradition;
– If one has been detained, being able to expedite the process by formally waiving the above due process protections (waiver of extradition);
If one has not waived extradition, then one’s experienced attorney will petition the court mandatorily conduct a hearing to determine if sufficient facts support the request for extradition, ensuring that all required legal formalities and procedural safeguards have been complied with in the actual warrant formation, including:
– the arrest warrant actually being issued by another state (the demanding state),
– the demanding state producing a sworn charging document alleging a criminal offense (This document must be certified “authentic” by the demanding state),
– the sworn documents providing sufficient information identifying the arrested person as the actual fugitive, AND
– the demanding state mandatorily retrieving the fugitive within thirty days from time of arrest or the fugitive will be released (Although some states allow up to 90 days before they will release a fugitive).
If either the waiver is executed or the court conducts the hearing, then the demanding state is required to take custody and transport (extradite) the person within thirty days.
If one stands back and does nothing while knowingly being wanted in another state, one may be arrested when one least expects it, as a police officer will arrest one if he or she discovers the Arrest Warrant. If one is in a similar situation, one should obtain an experienced Jacksonville extradition defense attorney to have the warrant or capias recalled and if the warrant is invalid, be able to show that warrant’s invalidity.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for years and is here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one requires a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Sources: Sex crime suspect extradited to MI from FL, Angi Gonzalez, Northwestohio.com