If the local law enforcement in the neighboring state apprehends the fugitive, the fugitive can be extradited back to their home state to face trial. This process is commonly controlled by federal rulings and referred to as criminal extradition. Its purpose is simple; prevent accused individuals from fleeing the state to escape criminal charges, and secure their return home if they do.
Compulsory extradition is intended to seize and transfer accused individuals and felons that have fled to another state. Extraditing fugitives is important because it brings them back to the state where they broke the law, and forces them to stand trial and face proper punishment for their wrong-doings. Interstate extradition is a lengthy process that involves a series of steps on the behalf of local law enforcement officials, state prosecutors, and the governor, on both sides. In fact, the U.S. Constitution decrees that the governor is responsible for the surrender of a fugitive to another state.
Here are Additional Requirements for Interstate Extradition:
• Appointed Executive Authority (State Prosecutors or Law Enforcement Officials) Must Request the Extradition of an Accused Individual from a Neighboring State
• The Appointed Authority Must Present Proper Indictment Forms or Affidavits by a Magistrate of the State
• Affidavits or Indictments Must Charge Accused Individual for Treason, Felony, or Another Crime
• Affidavits or Indictments Must Be Authenticated by a Chief Magistrate or Governor in the State that has been Fled
• The Receiving Executive Authority in the Fled-to-State Must Find a Way to Have Fugitive Arrested and Detained, and then Inform Requesting Authority of Fled-State to Take them Back
• The Requesting Executive Authority Must Pick Up the Fugitive Within 30 Days of Arrest by the Receiving Authority
• If Fugitive is Not Picked Up by Requesting Authority, they Will Be Discharged After 30 Days
The only reasons for an extradition request to be denied would be if the required documents are not in order, the person is not charged with a crime in the fled-from state, the accused is not the person on the documents, or the person is not a fugitive at all. As you can see, it is very difficult to find a reason to not extradite a wanted fugitive. As long as local law enforcement and state prosecutors do their job, criminal extradition is a simple and effective process.