Crossing State Lines: A Closer Look at Indiana’s Criminal Extradition Laws

Posted on July 27, 2023 by admin

Welcome to an in-depth exploration of one of the most complex legal concepts – criminal extradition laws, with a specific focus on Indiana. When a fugitive crosses over state lines, it triggers a series of legal procedures that involve both the state where the alleged crime occurred and the state where the fugitive is found.

In this post, we’re going to dissect Indiana’s stance on these laws, discuss the circumstances under which they extradite, and illuminate what this means for both law enforcement and the accused. Whether you’re a law student, an enthusiast, or simply a curious mind, this blog aims to shed light on this multifaceted issue. Continue reading to delve in!

Call 317-876-9600 When You Criminal Bail Bonds in Indianapolis Indiana

What is Criminal Extradition?

First, let’s define criminal extradition. Extradition involves two states coming to an agreement over the transfer of a fugitive from one state to another in order to be tried for a crime committed within their jurisdiction. The Constitution gives Congress the power to develop laws to enable this process, and each state has its own version of these laws. In Indiana, if a person is accused of a crime in another state and has fled to Indiana, the Governor can order that individual be extradited.

Criminal Extradition Process in Indiana

The process for extradition begins when a governor receives what’s called “an application for extradition.” This document outlines the alleged offense committed by the fleeing fugitive and includes evidence such as fingerprints, photographs, or documents. The state then has to decide if they will accept the application and send the person back to stand trial. If they do, an arrest warrant is issued for the individual’s detainment.

This is where Indiana can be a bit tricky. The state does not have to extradite if:

1) The alleged crime isn’t recognized in both states

2) The accused has already been tried for the same crime in some other state

3) The accused is a resident of the requesting state, and they can be tried there.

The Governor also has the right to deny extradition if he or she believes it would be unjustified or cruel. In addition, Indiana’s law states that an individual who has been extradited cannot be prosecuted for any other offense in the state they are being extradited to, unless it is related to the offense for which they were extradited.

Fleeing is Never the Answer When Facing Criminal Charges

Remember, fleeing from one state to another does not mean you can escape justice. If you break the law in Indiana and then try to leave the state, you may be subject to extradition back to Indiana if caught by authorities. It’s important that you understand your rights and protect yourself before leaving the state.

Criminal extradition is a complex subject, but it’s important to understand if you want to stay safe and out of trouble. The more we know about Indiana’s criminal extradition laws, the better equipped we are in facing these challenging situations. With this knowledge in mind, we can move forward with confidence when crossing state lines.

The important thing to remember is that laws change, so make sure you stay up to date on the most current regulations. Taking the time to do your research is key in protecting yourself and avoiding criminal extradition charges. With all that said, we wish you luck and safety for any future journeys!

In Conclusion

Understanding Indiana’s criminal extradition laws is essential for anyone who wants to cross state lines. Knowing the ins and outs of these regulations can help protect you from legal complications and keep you out of trouble. Keep in mind that federal laws regarding criminal extradition apply to all US states, so make sure you’re familiar with them as well. Always remember to do your due diligence before traveling by researching local laws and staying up to date on changes.

Are you looking for help with an arrest warrant or bailing a friend out of jail? Contact Woods Bail Bonds at 317-876-9600 to learn what you need to know about your role in the Indianapolis bail bond process. We serve over 30 counties within Northern, Central, and Southern Indiana, so do not hesitate to call.

Common Requirements for an Interstate Fugitive Extradition

Posted on September 18, 2019 by admin

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.

Have Questions About Jail in Indiana?

If you or a loved one needs bailed out of jail anywhere in Indiana, call 317-876-9600 right away. Our licensed Indianapolis bail bondsmen are ALWAYS standing by, ready to answer your questions about bailing a person out of jail, or turning yourself in for an outstanding arrest warrant, and more. We also provide free estimates, jail information, inmate searches, 24 hour services, and much more.

Certain States Continue to Turn Their Heads to Fleeing Fugitives Released on Bond

Posted on July 1, 2015 by admin

Some states within the nation have allowed fugitives across borders to adjacent states to live as free individuals and citizens. This has been an injustice to everyone. Get to know this topic more and potentially make a difference in your city or state.

Arrest Warrant Bail Bonds 317-876-9600

When a person is arrested and taken to jail, they can be bailed out using bail bond services, or they can pay the entire bond amount in cash using their own financial resources. Either way, they still have to return for their mandatory scheduled court hearing; otherwise, a warrant will be issued for them to be arrested once again. In other cases, especially for minor crimes and offenses, courts may decide to release a person on their own recognizance. This means they are trusted to show for their court hearing on their own volition, and they are not required to
pay a bond with their own money.

However, if a person fails to show for their court hearing after paying the courts the entire bond amount, they forfeit getting their money back. When out on bond by a bail bondsman, that bail bondsman has to forfeit the full bond amount they paid for that person’s release unless they can recover the fugitive and bring them back to court. When a court releases a criminal on their own recognizance, there’s no guarantee that defendants will come back to be present for their trial hearing. If they fail to appear, they are considered a fugitive of the law, and a warrant is issued for their arrest.

Fugitives are Getting Away

For the past few years, criminals have begun to realize that they can simply jump state borders to avoid facing any criminal charges in their own city or state. This isn’t the case in all states across the nation; but this practice has been continuing across the country for the past two or three years more than it ever has before. Certain states like Pennsylvania are being criticized for their controversial approach to dealing with fleeing fugitives and felons out on bond. Their approach is to simply turn their heads to fugitives fleeing the state to evade their criminal charges. Prosecutors and law enforcement officials are not willing to go after these runaways, or go pick them up if they been arrested in another state. This is called extradition.

Extraditing a criminal from another state costs money, requires an abundant amount of time and paperwork, and requires signatures from both states’ governors. To some law enforcement, police, and prosecutors, this process is much too tedious; instead, they would rather turn their heads the other way and pretend like the fugitive is lost for good. This means offenders are roaming free which puts people in danger and jeopardizes public safety. It also defames the law in general, as well as, allows criminals to go unpunished for their crimes. Think about sex offenders, kidnappers, drug dealers, and more free to wander the streets in a different state with such criminal records! This is an injustice to everyone everywhere.

Where it’s Happening

This is a sad situation that is happening in New Jersey, Pennsylvania, and various other states across the country. The good news is, bail bond agencies are the answer to this problem. This is because they go after these fugitives without costing taxpayers any money at all. They are eager and motivated to continue bringing justice to all communities and neighborhoods in their states. Trust bail bondsmen to keep the streets safe by adamantly ensuring all criminals return to court to face their charges as the law says they should.

Woods Bail Bonds

Woods Bail Bonds Indianapolis Indiana 317-876-9600

For more information about the Indiana extradition process, extraditing a criminal, or Indianapolis bail bond services, call Woods Bail Bonds at 317-876-9600 day or night. Owner, James Woods, and his team are licensed, bonded, and insured with more than 20 years of experience in the industry. We offer a variety of bail bond services; such as notary services, 24 hour bail bond services, inmate lookups, jail information, free estimates, and much more for all Indiana cities and counties. Call 317-876-9600 for information about Indianapolis bail bonds, today.

What is Criminal Extradition?

Posted on June 6, 2014 by admin

Bail Bonds Indianapolis 317-876-9600

Extradition is not a term often talked about on the streets or in the criminal world. This is because it is a vague legal term for a very common legal procedure. Extradition refers to the “handing-over” or “return” of a wanted criminal from one state or nation, back to the state they fled, to stand trial. Obligatory extradition only secures and transfers persons classified as fugitives. If a person commits a crime in one state, but flees to another to evade criminal charges, they are considered a fugitive of the law. It is up to the local governments in the new state to cease and detain this fugitive in order to extradite them back to the original state in which they committed the crime. The purpose of extraditing fugitives is to secure their return back to the state they are allegedly accused or suspected of committing a crime, so they can stand trial and face their deserved legal charges.

Extraditing Fugitives in America

Extradition also serves a purpose of prevention. It prevents accused criminals and law-breakers from being able to escape liability after perpetrating a crime. The process and procedures of extraditing fugitives is controlled by Federal law. Federal statutes are complimented by individual state law. For international extradition procedures, treaties have been set in place to govern its processes. A state or nation can sometimes refuse to sign-off on fugitive extradition if the criminal is wanted for acts that are not illegal in their state. Also, state will refuse to extradite someone for political crimes, or if they face execution or torture upon return.

To extradite a criminal, the American constitution requires the following legal obligations from both, the requesting executive state (the state in which they fled) and the receiving executive state:

• Requesting State Must Provide a Copy of the Indictment or Affidavit Made Before a Judge

• Indictment Documents Must Charge the Fugitive with a Crime

• Each States’ Governors (or Chief Magistrates) Must Provide Signatures for Authentication on Indictment Documents

• The Receiving Executive State Must Cause the Fugitive to Be Arrested and Detained; and then Ask the Requesting State to Collect the Fugitive

• An Agent of the Requesting Executive State Must Appear in Person to Collect and Obtain the Fugitive within 30 Days of their Arrest—Or the Fugitive Will Be Released

A person that flees their state after committing a crime does not have to be tried yet to be extraditable. They can simply be charged or suspected of a crime, but haven’t appeared in court yet. A person that has been charged and convicted, but somehow escaped custody, is also an extraditable fugitive. And criminals that have been convicted in absentia are also extraditable fugitives.

Woods Bail Bonds – Indianapolis, IN

Woods Bail Bonds Indiana 317-876-9600

For more extradition information, call James Woods, owner and operator of Woods Bail Bonds in Indianapolis, Indiana. We have more than 30 years of experience in the indemnity industry and can accurately answer your bond questions. We are open and operational 24 hours a day and 7 days a week! We offer notary services, bail bond services, jail pick services, jail information, discreet services, full bail coverage, federal bonds, state bonds, property bonds, and much more. Call us today at 317-876-9600 for additional information about extraditing fugitives in Indiana, or for professional bail bond services in Indianapolis and its surrounding counties.