Las Vegas Defense Attorney Nick Wooldridge, Esq Talks About Extradition Rules
In many situations, a person who is accused of a criminal act crosses the line into a different state. When this occurs, the extradition process may be necessary to remove the alleged criminal from the state where he is currently located and to take him back to the state where he must answer charges.
To facilitate and streamline the extradition process, many states- including the state of Nevada- have adopted the Uniform Criminal Extradition Act. This Act ensures that adopting states follow the same basic protocol and have the same basic policies when it comes to extraditing a defendant. When states have the same basic policies, it is easier to facilitate the extradition process because those involved will know what to expect and will be able to follow streamlined procedures.
Unfortunately, a defendant who is facing extradition could find himself or herself forcibly sent back to a different state where he will have to deal with a criminal case that could have dire consequences. If you are at risk of being extradited or if you have been charged with any criminal offense and must stand trial in any state, you should have an attorney representing you.
LV Criminal Defense helps accused defendants to fight extradition and to respond in a strategic and aggressive way to criminal charges. To find out more about the ways in which our legal team can assist you, give us a call to speak with a Las Vegas defense attorney about your situation.
What Does Nevada law Say About Extradition?
Nevada has adopted the Uniform Criminal Extradition Act, along with 48 of the 50 states. Every state except for South Carolina and Missouri have incorporated the Uniform Criminal Extradition Act into their own legal codes. Some states did vary their adoption of this Act and impose their own rules applicable within their state’s borders, but the basic framework for extraditing a defendant is the same in all states where the Act has been adopted.
Under Nevada Law, the Uniform Criminal Extradition Act was codified within Chapter 179 of the Nevada Revised Statues. This Chapter deals with Special Proceedings of a Criminal nature. The subsection within Chapter 179 that incorporates the rules for extradition into Nevada law is called: Criminal Extradition (Uniform Act). N.R.S. 179.177 through N.R.S. 179.235 contain the different provisions of the Uniform Criminal Extradition Act as it applies in the state of Nevada.
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These different statutes set forth rules for:
- The duty of the Governor of Nevada when a fugitive from justice is in the state of Nevada
- The form of demand. The demand is the request to extradite a defendant to the state which wants to charge him with a crime.
- The right of the governor to instruct the state Attorney General or other prosecuting officers to investigate the demand and provide information on whether the person charged with the crime should be surrendered to the state that wants to charge him.
- The warrant of arrest that the governor signs if the governor decides that a person should be extradited in response to another state’s demand.
- The process by which a person can be arrested based on a governor’s warrant and the authority of the arresting officer.
- The rules for confining a person in jail and conditions for bail as well as conditions for forfeiture of bail.
- Rules for what occurs if a demand for extradition is made by someone who is also facing charges in Nevada.
- Requirements for demands that the governor makes to have someone extradited from a different state and brought back to Nevada to face criminal charges.
- Rules regarding costs and expenses in connection with extradition.
These are just some of the many provisions in Nevada law that aim to protect the rights of defendants facing extradition while also still complying with Nevada’s obligations to cooperate with other states that want to bring charges against alleged wrongdoers.
How Does the Extradition Process Work in Nevada?
There are strict rules for the extradition process in Nevada. In oder for someone to be extradited, generally a demand must be presented to the governor that is in writing, except in limited circumstances such as when a defendant committed a crime and fled to Nevada right afterwards.
The written demand for extradition must be accompanied by either proof of conviction and a statement that the defendant escaped imprisonment or broke the terms of probation or parole OR by an indictment, information supported by affidavit, affidavit made before a magistrate, and/or a warrant.
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The governor can order the AG or other prosecutors in Nevada to investigate the demand and make a report on whether the accused should be surrendered to the state that made the demand. If the governor decides to comply with the demand, the governor must sign a warrant of arrest that is sealed with the state seal. A peace officer entrusted by the governor to execute the warrant should arrest the accused at any time, any place within Nevada. The officer can work with other persons, including other peace officers, to execute the warrant.
After arrest, generally the accused who has been arrested should then be delivered to a duly authorized agent of the state that demanded extradition.
There are special rules applicable to modify this process if a defendant is incarcerated in Nevada for a different crime already, or is facing pending charges in Nevada.
Getting Help from Las Vegas Criminal Attorneys
LV Criminal Defense can provide assistance if you are facing extradition or if you are being accused of a criminal offense. You need to fight for your future in any situation where you could be charged and you need an experienced attorney to help you.