Interstate Extradition Defense Attorney
If you are charged with a crime in another State, you can be extradited from New Jersey back to that other State. If you are charged with a crime in New Jersey and you are in another State, you can be extradited from that other State back to New Jersey to face the crime. The process used to force you to return to answer the charges is called Interstate Extradition.
If you are charged with a crime and are being extradited to face that charge, consult with an experienced criminal defense attorney before deciding to ‘waive’ or ‘fight’. Contact Howard Bailey at 973-982-1200 for a free consultation.
Representing a Client Being Extradited to NJ or to Another State
You have two choices, you can waive extradition and go back to face the charges, or you can fight extradition. If you waive extradition, any time you spend in custody during the extradition process will be credited to you if you are convicted and sentenced. If you fight extradition, you lose this ‘jail’ credit, even if you are later forced to return to face the charges. You cannot fight the criminal charges in another State while you are in New Jersey, and you cannot fight charges here in NJ while you are in another State refusing to waive extradition. There are only a few good grounds to fight extradition, such as the charge you are being extradited on is not a ‘crime’. If you cannot raise at least one of the defenses to interstate extradition, you should discuss what the benefit is of fighting extradition with your defense lawyer.
Refusal to Waive Interstate Extradition
If you refuse to waive extradition and the State trying to get you does not lift the arrest warrant, the prosecutor will request that a Governor’s Warrant be issued for you to be ordered to be returned to the requesting State. This is a procedure where the State requesting you be returned asks the Governor of that State to issue legal process asking the Court to order your extradition. While this process is occurring, you will almost certainly be held in custody without bail. While there are time limits that apply under the interstate compact, they are not difficult for the State to meet and if necessary, an application for an extension can be made to the Court.
If you are facing the possibility of extradition, it is important that you understand what your options are for successfully fighting extradition, and what possible benefits may apply if you waive the process and agree to return to face the charges. Contact Howard Bailey at 973-982-1200 for a free consultation.