If you are facing felony charges and have left the state that is trying to prosecute you for a crime, you could be considered a fugitive from justice. There are extradition laws adopted by states throughout the United States that determine the protocol for situations where a person is in one state but a different locale wants that person to stand trial.
It is important to fully understand how these extradition laws work so you will know when and how you could be forced to return to the state to face charges. One of the most important things to be aware of is that you could be confined in jail or in a detention facility during some parts of the extradition process. Even with the possibility you could be jailed, however, you still do have legal rights. You need to understand what your rights are and how to respond in the most strategic way possible when you are at risk of extradition. LV Criminal Defense can help you.
Our legal team understands the ins-and-outs of extradition laws in Nevada, including laws related to confinement. To find out how Nick can assist you in fighting for your freedom and future, call us today to talk with Nevada defense lawyers who can advocate for your interests and protect your rights.
Under Nevada law, a state that wishes to extradite you must provide a written demand. The governor of Nevada can order an investigation triggered by the written demand for extradition, but doesn’t have to investigate. If the governor believes that the demand for extradition is legally valid, the governor can issue a warrant and instruct a peace officer or other competent party to arrest you.
The question is: what happens after you are arrested? In general, following your arrest, you will be delivered to authorized representatives of the extraditing state. During this process of trying to deliver you to these representatives and get you back to the state where you must stand trial, there are situations where you may need to be confined for a period of time.
N.R.S. 179.201 sets forth rules for confinement in jail or detention. According to the relevant code section, you can be confined in any jail or detention facility in any county or city that you pass through. The law enforcement officer who actually arrests you based on the governor’s warrant triggered by the extradition demand can confine you in a jail or detention facility, as can the authorized agent of the state that demanded your extradition.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
The keeper of the detention facility in which you are confined must “receive” you and keep you safely in jail or the detention facility until the officer who arrested you or the agent who you were delivered to is ready to proceed on the route to return you back to the state where you mus stand trial.
These rules are necessary because the officer may not be able to deliver you to the agent right away, and the agent may not be able to get you immediately back to the state where you have to face charges. You may also have to travel a long distance through multiple states, depending upon how far away you are from the state that is prosecuting you for a crime.
N.R.S. 179.201 stipulates that, as you are transported across state lines, you can be confined in a jail or detention facility in different states as long as the agent of the state that is taking you to face charges is able to show satisfactory written evidence that you are being transported back to stand trial.
LV Criminal Defense can provide assistance in fighting extradition and in understanding your legal rights if you face incarceration or other consequences of being accused of a crime. Call today.