The legal process of extradition is the action in which an alleged offender is transferred from one state to another due to a warrant issued in the state where the crime was allegedly committed. When extradition is mentioned, it often brings to mind a fugitive intentionally on the run from being brought to justice. However, this is not always the case.
The warrant could have been issued due to a miscommunication between a probation or parole officer and his or her ward, a clerical mistake on behalf of the requesting state’s court clerk, or any number of other unintentional reasons. An experienced criminal attorney in Columbus can fight to protect your rights and work towards a favorable outcome in your case of Franklin County extradition from or to Ohio.
Columbus Extradition Defense Lawyer
The extradition process between two states with different laws can be long and confusing, and may leave the alleged offender in jail fo r an extended period time. If you are facing extradition from or to Columbus or the surrounding areas of Franklin County, Delaware County, Madison County, Union County, Licking County, Fairfield County, or Pickaway County, call the experienced criminal defense attorneys of Joslyn Law Firm.
We will immediately put a defense strategy into place that will work to prevent extradition jail time, protect your rights, and fight for a favorable outcome in your case. For your free consultation on what Joslyn Law Firm can do for your Ohio extradition, call today.
Extradition and Ohio Code
Ohio defines extradition procedures in O.R.C. §§ 2963.01 – 2963.35. According to Ohio Revised Code §2963.02, the governor of Ohio shall arrest and deliver any person found in Ohio who is accused of treason, a felony, or other crime in another state to the executive authority of that state. Though it can be for any crime, the complete process of extradition usually only occurs for more substantive crimes like felonies. The extradition process in Ohio generally follows the standards set forth in the United States Uniform Criminal Extradition Act.
United States Uniform Criminal Extradition Act
In order to facilitate cooperation between the extradition processes of all the states, the United States Congress created the Uniform Criminal Extradition Act. The UCEA is a standardized extradition process that attempts to avoid due process violations, mistaken identity, and poor record keeping while returning fugitives who have left the state where the offense was committed.
Most states have some version or variation of the UCEA’s extradition requirements, which may include the following steps:
- 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
Extradition to or from Franklin County can be an extensive and confusing process. Working with an experienced Columbus defense lawyer may decrease your jail time and increase your chances at an extradition alternative or other favorable outcome.
Alternative to Extradition in Franklin County
When extradition is followed through by the state, it is a lengthy, expensive process that takes up time and valuable resources. These are factors that may make a district attorney or judge more open to hearing and considering a reasonable alternative to full extradition from your Columbus criminal defense attorney if a compromise strategy can be found. These strategies usually involve components like:
- Withdrawal of warrant in exchange for voluntary surrender or appearance
- Emergency bond hearing to set bond
- Pretrial intervention with prosecution to negotiate charges down
- Motions to dismiss charges or suppress evidence
- Request for probation termination
Given that each state has its own extradition laws, every extradition case is different. However, time is usually always a factor in what strategies can be implemented to resolve the warrant and/or charges involved favorably for the defendant. Whether you are facing extradition to Ohio or extradition from Ohio to another state, an experienced Franklin County extradition defense lawyer will take care of the back-and-forth and fight for a favorable outcome for you.
Joslyn Law Firm | Extradition Defense Attorney in Ohio
If you are facing extradition from or to Columbus, Dublin, Westerville, Reynoldsburg, Grove City, Circleville, Delaware, Newark, Lancaster, Marysville, London, or the surrounding areas contact the experienced defense lawyers of Joslyn Law Firm in Franklin County.
We will work to resolve any miscommunication or other issues involved in your case and work for a more favorable warrant resolution scenario. Your first consultation is free, so call (614) 444-1900 today.