If you are accused of a crime and decide to flee over state lines, you
could be forced to go back to the state in which your charges originate
and face them. This process of sending you back is known as “extradition”
and you may be forced to go through it depending on your charges.
Extradition is not a super common process, particularly because the state
in which you have been charged must be the one to pay for your transport.
Because this can be expensive, most states will not pay to transport someone
accused of a minor crime, such as a misdemeanor or low-level felony offense.
However, if you are accused of a serious crime, like a felony drug offense
or violent crimes, you will likely be extradited back.
The Extradition Process
Extradition begins when the state in which the initial crime occurred files
a warrant for the defendant’s arrest. This enables the state in
which the warrant was served permission to actively seek out the accused
individual. Should they be found and arrested, the defendant must be told
why they are being detained and be informed they have the right to counsel.
Before being extradited, the defendant will undergo a hearing as part of
their Constitutional right to due process. It is here that they will respond
to this request for extradition. If they waive their right to challenge
the extradition, they will be required to wait up to 30 days to find out
if the initially-serving state will pay for the extradition process. While
it’s strongly advised you speak with a lawyer to find out for sure,
it’s suggested that you do not refuse the extradition, as you can
be held for 90 days that
do not count towards any sentence you may be given at your original state. Likewise,
even if your state does not come get you, you can easily be re-arrested
and have your entire process start over.
It’s usually best just to take care of your charges quickly, which
is why lawyers will most frequently suggest that you waive your right
to challenge your extradition, and then be taken back to your home state
to deal with your charges more quickly.
If you need assistance with your extradition process, including representation
for your hearing and dealing with your charges afterward, it is strongly
advised you speak with a skilled Noblesville criminal defense lawyer.
Attorneys Baldwin, Kyle & Kamish of
The Criminal Defense Team have many years of experience helping those who are facing a wide variety
of criminal charges. If you need legal assistance, trust your case to
a Board Certified Criminal Law Specialist; the only two in the entire
state of Indiana practice at our firm.
Contact The Criminal Defense Team today by dialing (888) 988-5659 and request
a free initial case evaluation now!