Interstate extradition. The Extradition Clause in the US Constitution requires states,
upon demand of another state, to deliver a fugitive from justice who has committed a “treason, felony or other crime” to the state from which the fugitive has fled
.
How long can a state hold you for extradition?
In this case, the detention time can take as long as needed. With regard to state felony warrants, it is up to the charging state to process the extradition, and it is generally understood that this can take
about 30 days
.
Can a state refuse to extradite to another state?
Because federal law regulates extradition between states,
there are no states that do not have extradition
. As of 2010, Florida, Alaska, and Hawaii do not extradite for misdemeanor convictions committed in another U.S. state.
What crimes can you be extradited for?
Some crimes which may be subject to extradition include
murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage
. Some of the most common extradition cases involving the U.S. are between our neighboring countries of Mexico and Canada.
What happens if a state refuses to extradite?
If the fugitive refuses to waive extradition,
the original state prepares a request to have the fugitive returned
. … If the request is approved by both governors, an extradition hearing will be held and a court in the state with the fugitive will make a decision to grant or deny extradition.
What happens if a state refuses to extradite a citizen?
If the fugitive refuses to waive extradition,
the original state prepares a request to have the fugitive returned
. … If the request is approved by both governors, an extradition hearing will be held and a court in the state with the fugitive will make a decision to grant or deny extradition.
What crimes are not extraditable?
Generally, international extradition will not happen if the
situation involves political crimes
. Other crimes may not provide this process because they only occur in the foreign nation such as treason, sedition, criticism of the country leader and forms of espionage.
How long does an extradition take?
How long will it take to extradite the wanted person? Extradition of persons located abroad
can take many months or even years to complete
. The United States works with foreign authorities to locate wanted persons and then to request the extradition of the person.
Where can you not be extradited from?
- Afghanistan.
- Algeria.
- Andorra.
- Angola.
- Armenia.
- Azerbaijan.
- Bahrain.
- Bangladesh.
Can a person fight extradition?
It is nearly impossible to fight extradition
, so if you are extradited, it’s likely that you will be brought under jurisdiction of the requesting country. The United States has a rule on extradition between states called the Extradition of Fugitives Clause. … You can also demand a hearing on the extradition request.
Should I fight extradition?
It is important to fight extradition
when the judge and prosecuting lawyer are working against the person
and plan on using an argument to get him or her to waive extradition. In these situations, the authorities can hold the individual for a much longer period than normal because of all the processes involved.
Who does not extradite to us?
- Russia, China, and Mongolia.
- Brunei.
- The Gulf States.
- Montenegro.
- Eastern Europe: Ukraine and Moldova.
- South-East Asia: Vietnam, Cambodia, and Laos.
- Island Nations: Maldives, Vanuatu, and Indonesia.
- Africa: Ethiopia, Botswana, and Tunisia.
Does Venezuela have extradition?
In Venezuela,
extradition is not dependent on the existence of a treaty
, since it is legal from the standpoint of conventional and common law, whether it is specifically established in a treaty signed on the subject or is based on principles of international solidarity and reciprocity that require states to cooperate …
What states do not extradite to California?
1.1. California and the Uniform Criminal Extradition Act (UCEA) California – along with every other state except
South Carolina, Louisiana and Mississippi
– has adopted the Uniform Criminal Extradition Act (“UCEA”).
Does Panama have extradition?
The current extradition treaty between the United States and Panama was signed in 1904, and the Panamanian Constitution
prohibits the extradition of Panamanian nationals
.
Why do countries refuse extradition?
Some countries refuse extradition on grounds that the person, if
extradited, may receive capital punishment or face torture
. A few go as far as to cover all punishments that they themselves would not administer.
