Common Requirements for an Interstate Fugitive Extradition

When a person who is facing criminal sentencing, whether accused or already convicted, flees the state in order to evade penalties for their crimes, they officially become a fugitive of the law. Basically, a fugitive is someone who flees criminal prosecution. Once a fugitive, a person is constantly at risk of being intercepted by law enforcement and sent back to the state that is prosecuting them. This process is known as criminal extradition, and involves a series of details that vary greatly from jurisdiction to jurisdiction.

Continue reading to learn more about criminal extradition, including the common requirements that must be in place for government officials to carry out the process.

Criminal man in interrogation room being interrogated and refusing to admit crime

Criminal Extradition Process

Criminal extradition is the process of transporting a wanted criminal from an asylum state (the state they are residing in to avoid prosecution) back to the state where they are facing trial. Although extradition procedures and regulations are governed by federal statutes, our U.S. constitution delegates the duty to surrender a fugitive back to the state they have fled to the State Governor. However, the surrender of a wanted fugitive can only be carried out upon proper request.

There are certain requirements that must be in place in before a state governor agrees to an interstate extradition. Accordingly, an interstate extradition can be denied by an asylum state under four particular circumstances:

☛ All the proper documents are not in order;
☛ The fugitive is not named in the extradition paperwork;
☛ The fugitive is not wanted for a crime in the requesting state;
☛ The fugitive is not actually a fugitive.

Requirements for Interstate Extradition:

☵ The executive authority (the state demanding extradition) makes a demand to the asylum state for the return of a fugitive;

☵ The executive authority must provide a copy of an indictment or affidavit made in a court of law;

☵ The indictment or affidavit must show that the fugitive is charged with a crime, and be certified by the governor or chief magistrate;

☵ The responding executive (asylum state) must have the fugitive arrested, and notify the executive authority of the detainment;

☵ The executive authority must arrive to accept the fugitive within 30 days of the arrest;

☵ A fugitive will be released if the executive authority fails to retrieve them within 30 days of the arrest.

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