Understanding Extradition

When someone is suspected or has been convicted of committing a crime in another state, that person can be surrendered from their current state residence to the state where the alleged crime took place in order that the suspect stand trial and/or serve a sentence for the crime in question. This is clearly called out in the U.S. Constitution; the process of moving a suspect from one state to another is known as extradition.

The Constitution’s Extradition Clause

The Extradition Clause states that when a state reports that a criminal felon who has fled justice to another state and demands delivery of that individual, the state receiving the demand — referred to as the asylum state — must comply. This interstate extradition occurs regularly across the country following a mandatory extradition proceeding. The requirements include:

1. An official must demand return of a suspect to the jurisdiction from which the suspect has fled;
2. An affidavit or indictment indicating a crime, felony, or treason charge from the executive authority must be issued making the extradition demand;
3. The indictment or affidavit must be certified by the governor or chief magistrate of the requesting jurisdiction;
4. The asylum state must arrest the accused and notify the demanding authority of the arrest;
5. Either the requesting authority must receive the prisoner, or the prisoner must be released within 30 days of arrest.

Asylum State’s Burden

The only goal of the asylum state is to fulfil the demand of the requesting state. They have absolutely no legal interest in whether the charges against the suspect are valid or appropriate. On the other hand, if the fugitive in question has been accused or incarcerated for crimes committed in the asylum state when the request is made, the rendition request can be delayed until the sentence in the asylum state has been fulfilled. The governor is permitted to keep the prisoner but may choose to surrender the fugitive to the demanding state. Executive discretion in the asylum state is guaranteed. What considerations might be weighed? For example, imagine a situation in which the fugitive is accused of stealing a car in Georgia, and has since driven across state lines to Florida, where the fugitive then accrued some drug charges. Georgia may demand extradition in the hopes of trying the accused on auto theft charges. Florida can either agree to the extradition, or can choose to instead attempt to imprison the accused on the drug charges. Ultimately, the fugitive will likely be tried on both charges; the question is which trial will come first. The decision is in the hands of the Florida governor, who is under no obligation to consider the wishes of the fugitive.

Protecting Your Rights 

The dedicated Miami criminal defense attorneys at The Law Office of Julia Kefalinos are committed to protecting the rights of our clients in all circumstances. To discuss your concerns, schedule a confidential consultation in our Miami office today.