First and foremost, if you have an outstanding felony warrant in Las Vegas, Nevada, and you are being held in another state on that warrant, you will most likely be extradited back to Las Vegas. However, in some cases, it is possible to obtain relief from the jurisdictional court that issued the warrant in certain types of cases.
This is why it is extremely important to contact us to help you resolve your warrant issues as soon as possible. Otherwise, you may have to sit in jail for weeks which is very traumatic for you and your family.
What Does Extradition Mean?
Simply put, extradition means the giving up of an alleged criminal from one jurisdiction to another for the purposes of a pursuing a criminal action. This occurs most often to those persons who violate the terms of their probation for a felony offense. It also occurs when someone comes to Nevada to live or visit and commits a crime, (intentionally or unintentionally) but then leaves the state before a warrant is issued.
How Does It Work?
It starts in one state (asylum state) when a person is arrested for something that allegedly occurred in Nevada. That state then places a no bail hold on that person until Nevada files a petition and sends documents proving the warrant hold is legitimate. These documents include the actual warrant, charging instrument, judgment and other legal papers. It is important to note that if you committed a misdemeanor in Nevada you most likely will not suffer the extradition process.
The individual arrested on the warrant will then go in front of a judge and either waive extradition which means he or she agrees to be sent back to Nevada or the person can refuse to waive extradition.
This is a very costly and time-consuming process. So it is vital you contact us if you or a friend or family member is in this situation to be better served in your rights and responsibilities.
How Can I Fight Extradition?
Well, truthfully you only have two main defenses. The first is to make the case that Nevada courts messed up the documents. For example, claiming they are not in order in some way. This is a procedural issue that can be easily corrected, however. The other defense that is much harder to prove is claiming yours is a case of mistaken identity. If you are thinking of fighting extradition you must call us to represent you correctly. Our goal is to get you out of jail as fast as possible and back to living your life.
Does Nevada Ever Extradite to Other States?
Yes. If you are a fugitive or alleged offender residing in Nevada and are somehow arrested based on a warrant from another state, Nevada will send you back to that particular state where the crime allegedly occurred unless you fight extradition. Your lawyer can file what’s known as a writ of habeas corpus. This writ will force the other state to prove you are the correct person; that the warrant is legitimate; that the documents are in order and if you really are a fugitive.
As you can see, the extradition process is complex. You really need competent console to get you the best possible outcome. Call us today to get the peace of mind you deserve.