Although extradition is not an issue faced by the majority of those arrested, the process is unfamiliar to most people. With a daunting scenario hanging over the heads of those threatened by this process, it can be confusing to understand what extradition involves.
Extradition is a process that occurs when an individual is transferred to another state or country where that person has a warranted issued against them. This procedure can be lengthy and require a large amount of time and resources for the government. That is why, although extradition can be employed against any individual wanted by another state, it is usually only fully realized against those wanted for felonies or other serious offenses.
The state procedures for extradition are outlined in Ohio Revised Code §§ 2963.01 – 2963.35, and these rules generally follow those set forth in the United States Uniform Extradition Act(UCEA). The UCEA is a measure taken to standardize the extradition processes of each state in an effort to minimize confusion and clerical errors. The steps followed by each state may vary slightly, but most of them follow the ones listed in the UCEA, which generally include these stages:
-State requesting fugitive issues valid arrest warrant
-Requesting state’s governor or entity of equivalent authority issues valid formal written request
-Accused is arrested and provided due process rights such as an attorney
-Accused is given option to waive right to due process through extradition waiver
-If accused refuses waiver of extradition, court examines case for sufficient supporting facts and legal compliance
-Requesting state must take custody and transport the accused within 30 days of the extradition waiver or supporting fact hearing
Due to the expensive and lengthy process of extraditing an individual, courts are often eager to consider alternative to this scenario. More complicated cases involve those where the individual holds dual citizenship and may have to be extradited to their home country. Someone holding Italian dual citizenship may need to hold their case in the United States or Italy depending on the charges they are facing. A criminal defense attorney can seek out this other options on your behalf, such as pretrial intervention, seeking to dismiss the charges against you, or negotiating your voluntary appearance in exchange for withdrawal of the extradition request. Having an experienced defense lawyer on your side can be imperative when facing the possibility of extradition.
