Legal Question in Criminal Law in Ohio

Re: Extradition

If I understand your question correctly, in 1983 Michigan issued a warrant to arrest someone on a murder charge. In 1990, that person was arrested on that warrant in Hamilton County, Ohio. Your question was what process should have been followed for Michigan to extradite that person from Ohio to Michigan so that the person could stand trial on the murder charge.

In Ohio, the person would appear in Court for what is known as an identity hearing. The only issues before the Ohio Courts are (1) is the request for extradition in the proper form? and (2) is this the same person as the one charged in Michigan?

Many defendants choose to waive the extradition process because the time spent in jail during that period is "dead time" --- meaning that it may not count toward any sentence that is ultimately imposed.

My question to you is, why is this issue coming up now, in 2004? If there is something going on with a murder charge the defendant definitely needs to talk with a lawyer and not rely on information obtained from general sources like this program.

Re: Extradition

Fighting extradition will indeed leave a paper trail, and can, in fact, become a factor later on if bond is ultimately set in the requesting state. A person who fights extradition may be seen as more of a flight risk and therefore get a higher bond or a denial of bond altogether. A homicide charge is nothing to fool around with by attempting "do it yourself" research online, though. The person needs a lawyer immediately, and probably two lawyers (one in both the sending and receiving states). Many defendants in custody are eligible for public defender assistance, even if they have assets, due to the fact that financial resources may not be as available to a prisoner as to a person on the street. The person charged should take advantage of this fact right away, even if he plans to retain a private lawyer later.