In certain situations, individuals will come to the state of Nevada when they are actively facing felony charges in their home state. Under Nevada Revised Statute section 202.005, a person who has fled his own state for purposes of avoiding facing felony charges is considered a “fugitive from justice.” A person may also be considered a fugitive from justice if that individual fled from one state to another in order to avoid giving testimony in a criminal proceeding.
Nevada is one of the vast majority of states within the United States that has adopted the Uniform Criminal Extradition Act. This Act is found in N.R.S. 179.177 through N.R.S. 179.235. Within the Act, there are many provisions relating to when and how the state of Nevada will extradite someone and what steps are required in order for Nevada to move forward with extradition. The Act’s provisions also set forth the duty of the Nevada governor in cases where a fugitive from justice is within the state.
If you are in Nevada and are facing felony charges in your home state, it is very important that you understand the rules for extradition. You need to be able to try to fight being extradited if possible, or to otherwise do everything that you can to protect your legal interests. Because Nevada laws will apply to determine extradition, you should be represented by top class Las Vegas criminal attorneys who know the state law inside-and-out so you can ensure your rights are respected.
LV Criminal Defense can help. We know the law on extradition very well and we provide assistance both to individuals in Nevada who are at risk of being extradited to another state as well as to any defendants who have been charged with a crime in Nevada and who may have to stand trial in the state.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
N.R.S. 179.181 explains the duty of the governor of the state of Nevada when a fugitive from justice is within the state. According to N.R.S. 179.181, the governor’s duty is to have a fugitive from justice who is in Las Vegas arrested and to have that fugitive delivered to the executive authority of the state where the fugitive is facing felony charges, prosecution for treason, or certain other charges.
However, N.R.S. 179.181 does not just give the governor unfettered authority, nor does it create an unconditional obligation. The statute makes clear that the obligation of the governor, and the powers of the governor to have a fugitive from justice apprehended, are established within the Uniform Criminal Extradition Act as codified in N.R.S. 179.177 through N.R.S. 179.235.
The varying provisions of this Act, among other things, give the governor the authority to order the Nevada Attorney General or other prosecutors in the state to investigate when a demand is made for extradition. The laws generally also require written demands be submitted to the governor in circumstances where a state is seeking to extradite someone who is currently in Nevada.
LV Criminal Defense can provide you with assistance if you are concerned that you could be extradited and made to stand trial for a serious criminal offense. Our legal team can also represent any defendants who are faced with charges in Nevada.
Our Las Vegas defense lawyers have the experience to respond assertively to extradition attempts and to provide strategic and knowledgeable representation to clients facing serious criminal charges. To find out more about how our legal team can assist you, call our Las Vegas office today.