Nevada will cooperate with other states throughout the United States in situations where someone has committed a crime in a different jurisdiction. When a person is charged with a serious crime and crosses state lines, the extradition process becomes necessary. Every state has laws for how extradition works, with most states- including Nevada- adopting uniform rules to streamline the process.
Nevada’s laws on extradition address many different issues that arise when determining if a person should be sent back to another state to stand trial. One of the issues addressed by Nevada law relates to whether or not an investigation into guilt or innocence can be conducted if another state asks Nevada to extradite a person to face charges.
It is important to know the answer to this question and to understand other laws in Nevada that are applicable to the extradition process. Nicholas Wooldridge – a notable Las Vegas criminal defense lawyer – can help you to determine how the law applies to you and can help you take steps to protect your legal rights so you can fight for the best outcomes possible when facing serious legal problems.
When another state wants to extradite a person who is within Nevada, that state must submit a written demand. According to N.R.S. 179.185, when a demand for extradition is made to the Governor, the Governor can order that an investigation into that demand be conducted. The Governor can order the Nevada Attorney General and/or any Nevada prosecutors to conduct an investigation into the demand.
However, while the demand can be investigated, the Governor and/or prosecutors are not permitted to conduct an investigation into the guilt or innocence of the person who has been charged with a crime in a different state which is seeking extradition.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
N.R.S 179.217 addresses the issue of investigations into the guilt or innocence of a person who is potentially facing extradition. According to this statute, the Governor is not allowed to inquire into whether the person who another state wants to extradite is guilty or innocent of the crime that the extraditing state wants to press charges for. Further, the guilt or innocence of the person who is facing extradition also cannot be investigated in any other proceeding.
Once a demand for extradition has been provided to the governor, along with some type of appropriate legal proof of the fact that the person is facing charges, Nevada cannot conduct an investigation into whether the individual whose extradition is being requested actually committed the offense for which the other state wants him to be extradited to stand charges.
The only exception to this ban on investigating guilt or innocence: a investigation can be conducted for purposes of determining if the person who the state of Nevada has arrested or is holding in custody is actually the right person. Essentially, this means Nevada can do enough investigation to make sure the person that they are about to extradite to a different state is actually the individual that the state is looking for.
Being extradited from the state of Nevada to go and stand trial for alleged crimes in another jurisdiction is a significant legal process that can have a profound impact on your life. You do have rights during this process and you should make certain that you have a knowledgeable legal advocate who will stand up for you and who will help you to protect those rights.
Las Vegas criminal lawyers at LV Criminal Defense have helped many clients throughout the extradition process and we can provide the representation that you need whenever you face any serious legal problems, including the threat of being arrested and turned over to authorized agents of another state that wants to charge you with a crime.
To find out more about how our legal team can help you, give us a call today.