Legal Question in Criminal Law in Arizona

waive extradiction

If somone is fighting extradiction is that the same as to waive extradition, and could you explain those procdures? I am the vicitm in a home invasion case and this person fled to Arizona to avoid sentencing. He pled guilty but it now seems that he might be able to go without punishment if he stays out of Nevada. Thank you


Asked on 6/17/02, 4:04 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: waive extradiction

One must be extradited to be held accountable for a felony committed in one state when the suspect is located in another state. When apprehended, the suspect will either waive extradition, meaning s/he will voluntarily return to the charging state, or will resist extradition, in which case there will be a hearing to determine whether or not s/he will be returned to the charging state.

When there is an outstanding warrant in a state against a suspect not in that state and there is either no extradition or extradition has been denied, the suspect is in no jeopardy of being brought into the criminal justice system unless s/he returns to that state.

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Answered on 6/17/02, 9:30 am


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