Warrants That Can Lead To Extradition
Extradition law is notoriously complex, especially when it involves fugitives who are in the United States and may have an outstanding warrant for their arrest issued by another U.S. state or another country. Whether or not you can be extradited to another jurisdiction for an arrest warrant depends on a number of factors, including where the alleged offense took place, whether it is an intrastate or international extradition request, what type of offense was committed, and whether an extradition treaty exists between the United States and the country issuing the arrest warrant. That being said, there are many questions that need to be answered to answer the question, ” Can I Be Extradited For a Warrant “.
Because of the extreme complexity of extradition law, if you are subject to an international or out-of-state arrest warrant then you should talk to an attorney for help.
Can I Be Extradited For a Warrant To Another State?
Extradition in the United States can be divided into two broad categories: interstate and international. Interstate extradition concerns arrest warrants issued by one U.S. state for an individual who is currently in a different U.S. state. Extradition between U.S. states is covered by the Extradition Clause of the U.S. Constitution. The Extradition Clause provides that a person charged with “treason, a felony, or other crime” in one state and then flees to another state will be returned to the state where the offense was committed upon request of the executive authority of that state. Extraditing a person from one state to another is usually (though not always) pretty straightforward.
Can I Be Extradited For a Warrant From Another Country?
International extraditions, however, are anything but straightforward. In most cases, for the United State to extradite a fugitive to another country, then there must exist an extradition treaty between the U.S. and the country making the extradition request. Currently, the U.S. has extradition treaties with more than 100 countries, including most (but not all) countries in North America, South America, and Western Europe. However, there are some large countries, including China and Russia, that the U.S. does not have extradition treaties with. Trying to extradite a fugitive from the U.S. to another country that doesn’t have an extradition treaty with the U.S. is not quite impossible, but it is extremely difficult.
What Warrants Are Extraditable Between States?
The warrants that you can be extradited for depend on the circumstances. For extradition from one U.S. state to another, the Extradition Clause means that a fugitive from one state who seeks asylum in another state must be returned to the state that has charged that fugitive with a crime. While most states will extradite a fugitive for either misdemeanor or felony offenses, Florida, Hawaii, and Alaska the exceptions as they refuse to extradite fugitives for misdemeanor convictions due to the high costs of extradition. Generally, if a federal crime has been committed then the fugitive can be extradited from one state to another.
What Warrants Are Extraditable Between Countries?
When it comes to warrants that can result in international extradition, the situation is much more complicated. All international extraditions from or to the U.S. are handled by the federal government. However, this adds a layer of complication because in the U.S. most criminal law is determined by the states, whereas in most other countries it is the federal government that passes criminal laws. That means that the federal government in the U.S. must negotiate on behalf of the specific U.S. states where the fugitive has been charged or convicted.
In death penalty cases, that can make negotiations very complicated, since many nations that are opposed to the death penalty will refuse to extradite a fugitive if there is a chance that he or she will face the death penalty in the U.S. This refusal can happen even if an extradition treaty exists between the two countries. In such situations, both the U.S. government and the state that has laid the charges must provide assurances to the extraditing country that they will not seek the death penalty against the fugitive.
Can I Be Extradited For a Felony?
Generally speaking, only felony offenses are considered extraditable between nations. Furthermore, in most cases the offense that the person is charged with in the one country must be considered a serious offense in the country where he or she currently resides. It is not necessary that the laws broken in one country be identical to the laws in the asylum country, just an acknowledgement that the offense committed is a serious offense under the laws of both countries. That means that offenses like murder, rape, grand larceny, drug trafficking, and so on, are usually considered extraditable offenses.
When a Person Cannot Be Extradited
Just as many countries will not extradite a fugitive to the U.S. if there is a chance that the fugitive will face the death penalty if returned to the U.S., there are also situations where the U.S. will refuse to extradite a person to another country even if they have been accused of committing a serious offense in that country. For example, if there is reason to believe that the fugitive may face torture if extradited or if the charges appear to be politically motivated then the U.S. may deny the extradition request. This tends to happen with countries that the U.S. has political differences with, which also tend to be countries that the U.S. doesn’t have extradition treaties with.
Answering the question, ” Can I Be Extradited For a Warrant “, has many answers depending on the nature of the arrest warrant and what the governing laws are from state to state and country to country. It’s best practice to contact the relevant law enforcement agency to find out what laws apply to your active warrant.