Legal Question in Criminal Law in Arizona

really

I was wondering if their is an exdrition law and if so will michigan come get a person on fellonie warrents that far?Have you ever herd of this happening?


Asked on 2/19/04, 6:38 pm

2 Answers from Attorneys

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

Re: really

One state may extradite a defendant from another state for a felony crime. Whether or not the charging state will do so is a decision made by the prosecuting attorney. S/he may or may not, depending upon the seriousness of the crime. There have been many extraditions to MI from AZ over the years, and vice-versa.

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Answered on 2/19/04, 7:54 pm
Nancy Moore Nancy L. Moore, Esq.

Re: really

Michigan recognizes the Uniform Criminal Extradition Act along with 46 other states, including Arizona, where it is the duty of the governor to deliver a person accused of a crime in another state and has fled to Michigan back to the demanding state. The prosecutor begins the paperwork, a warrant gets issued, and the person will be arrested at any time and in any place where he may be found in the state. The arrested person has the right to be taken in front of a judge to contest the legality of the arrest. He has the right to demand legal counsel and may be released upon posting bail if the offense charged is not punishable by death or life imprisonment. Any release requires a promise to return to the demanding state by a certain time or the bail will be forfeited and the person will be arrested immediately. The crime itself cannot be contested, but the person may contest the identity of the accused. I suggest that anyone subject to extradition hire an attorney because there is a possibility that a person can be held as long as 60 days waiting for the demanding state to take action. Feel free to call my office if you or someone else needs help. I have done these proceedings many times.

Nancy L. Moore

19500 Victor Parkway, Suite 290

Livonia, MI 48152

(734) 591-3737

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Answered on 2/21/04, 2:41 pm


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