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Rights of accused person; application for writ of habeas corpus

Vegas Criminal Attorney Explains Rights in Extradition Cases

Habeas corpusWhen a person has been charged with a felony criminal offense and leaves the state that is seeking to press charges, the state may seek to have that individual extradited. Most states within the United States have adopted the Uniform Criminal Extradition Act, including Nevada. This Act establishes streamlined rules and protocols for extraditing a person who is considered a fugitive.

The Uniform Criminal Extradition Act, as codified in Nevada in N.R.S. 179.177 through N.R.S. 179.235, establishes the obligations of the Governor of Nevada to take action and extradite a fugitive in the state.  In addition to setting forth requirements, including a requirement that the extraditing state make a written demand, the Uniform Criminal Extradition Act also gives the alleged fugitive certain legal rights.

If you are at risk of extradition, you need to understand what your rights are under Nevada law. You need to work with an experienced Vegas criminal attorney to try to protect yourself, fight for your freedom, and end up with the best possible outcome to a situation that could have dire consequences.

Nicholas Wooldridge has the skills and background to help you ensure you are as protected as possible by laws securing the rights of the accused, so give us a call to find out how his legal team can assist you.

Rights of Accused Person in Extradition Cases

N.R.S. 179.197 explains the rights of an accused person under the Uniform Criminal Extradition Act.  According to the relevant code section:

  • If you are arrested on a governor’s warrant of arrest that the governor issued based on a written demand for extradition, you have the right to be taken before a judge in the state of Nevada. This must occur before the arresting official turns you over to an authorized representative of the state that demanded extradition.
  • When you are taken before a judge, the judge must inform you of the demand that was made for your surrender and the judge must also inform you of the crime that you are being tried for by the state which is trying to extradite you.
  • The judge should also inform you of your right to demand a lawyer and to procure legal counsel. You should be represented in your hearing before a judge so you can do everything possible to fight for your future. Not having a lawyer is a grave mistake, which is why you are guaranteed the opportunity to demand legal counsel.

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If you determine that you want to challenge the legality of the arrest, you must be provided with a reasonable period of time to apply for a writ of habeas corpus.  A writ of habeas corpus is generally used in order to determine whether someone is, or is not, lawfully detained.

If you apply for a writ of habeas corpus, Nevada law requires that notification be provided to the prosecutor’s office in the county where you were arrested. Notification also must be provided to an agent of the state which demanded that the extradition take place in the first place.

Contact Vegas Criminal Defense Lawyers For Help

If you are facing extradition and you want to try to fight the extradition, you are planning on applying for a writ of habeas, and/or you otherwise need help identifying what legal options are available to you, LV Criminal Defense can help.

Our top rated criminal lawyers know the laws on extradition inside and out. We have helped clients to apply for a writ of habeas corpus and have otherwise provided knowledgeable advocacy to defendants accused of wrongdoing at all phases of he criminal process, To discover more about how our Vegas criminal attorney can assist you, just give us a call.

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