Legal Question in Criminal Law in Wisconsin

extradition law

my friend is on juvenille probation and has a diversion decree as part of a possession and obstructing justice (state charge) and is currently participating in justice 2000.

last night she got arrested for possesion and now she is thinking about leaving the state.

will they extradite if they find her?


Asked on 9/14/07, 2:58 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Extradition of Juveniles Accused of Crime from Out of State

Like adults, accused juveniles or juveniles on court supervision can be extradited if they flee to a different state. Fleeing can be a particularly bad idea for a juvenile, since every day they are at large makes them one day closer to becoming adults. Adult court is likely to be far harsher on them than juvenile court, so they are ofter better to cooperate and "take their lumps" in juvenile court. If your friend is already on supervision, her chances of being waived into adult court on the new charge increase (even if she is a juvenile). However, as long as she is under age 17 (the age of "adulthood" in WI for criminal law purposes), there may be a chance of negotiating a deal which will avoid adult court. If her record is bad enough to justify confinement or out of home placemenent, she will also probably like the place she is sent much more than she will like an adult prison or county jail. WI also has a law permitting "reverse waiver" for 17 year olds or other juveniles who would otherwise be going to adult court, i.e., sending them to back to juvenile courts, if they deserve such a break. Your friend would therefore be wise to consult with an experienced criminal attorney as soon as possible, whereever she may be at the moment (even if she has already flead).

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Answered on 9/19/07, 7:57 am


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