Extradition to New Jersey or From NJ to Another State
The process by which one state transfers a fugitive from justice to a demanding state is referred to as interstate extradition. A demand to extradite is not self-executing, however, as there are complex rules that apply as to when, how and under what terms a transfer can occur. If you or your loved one has been taken into custody on an out of state warrant and may be extradited, our attorneys can help. Our legal team includes a staff of lawyers possessing over sixty (60) years of experience and considerable knowledge with respect to NJ extradition law. The information that follows is a summary of the process known as interstate extradition.
Interstate Extradition Law
Almost every state has adopted the Uniform Criminal Extradition Act to govern interstate extradition. The provisions are set forth at N.J.S.A. 2A:160-1 et seq. of the NJ extradition law. While these regulations are somewhat complex, there are five basic requirements that should be kept in mind:
- The demanding state must possess a valid warrant of arrest;
- The governor of the demanding state must issue a written demand for extradition;
- The defendant must be afforded a hearing in which he is advised of his rights, including the right to counsel and to contest the request to extradite;
- A finding by a Judge that the individual should be extradited and/or execution of a proper Extradition Waiver; and
- Transfer of custody to the demanding state occurs within 30 days of the defendant being placed in custody.
The thirty day requirement bears further explanation as it is often misconstrued by non-attorneys. In this regard, the thirty day requirement is not unconditional. Where an individual contests extradition, the time limitation may be extended for up to an additional sixty days thereby affording the demanding state up to ninety days, in total, to complete the transfer before a defendant must be released. Waiving extradition nullifies the rationale for an extension.
If you require additional information regarding interstate extradition or would like to learn more about how we can assist you, contact us at 855-450-8310. Our attorneys are always happy to assist individuals who are subject to being extradited. A lawyer is available immediately if NJ or another state is seeking to extradite you.
