Extradition is the legal process to bring a person with an outstanding warrant in Nevada, back to Nevada if they are living out of state. A person picked up on a felony warrant in another state, will be held in custody until the authorities in Nevada come to pick up the person and transport the person back to Nevada. In some cases, particularly if the warrant is old, the other state might release the person on bail or bond. Likewise, it is possible to obtain some relief from the court that issued the warrant in certain types of cases.
If you have an outstanding warrant in Las Vegas, Nevada, and are awaiting extradition back to Las Vegas, Nevada, on that warrant, then call an experienced criminal defense attorney. James C. Gallo represents clients on serious felony charges and violations of probation in felony cases. Let us help you resolve your case.
The authorities in Nevada will not extradite for all types of warrants. For example, rarely will a person be extradited for a misdemeanor. The extradition process is expensive. To add insult to injury, the court will attempt to get that money from the person extradited through payments required to complete probation or a civil lien.
If you have an outstanding warrant, it is best to take care of the warrant by retaining an attorney in Nevada to help you resolve the case. If you are locked up in another state and awaiting extradition, you may be forced to hire an attorney under circumstances that are less than ideal. It is often a very stressful process for you and your family to know that you will just sit in jail for weeks or months just waiting to be extradited. The main question people have at this stage is how long can the person be held while awaiting extradition to Nevada? The answer depends on the laws in that state, but in more cases, the extradition process takes no more than 30 days but can be continued for an even longer period of time.
This article explains the process of being extradited to Nevada from another state and was last updated on Saturday, May 16, 2015.
Extradition to the State of Nevada
Extradition can occur in several different circumstances including:
- A person allegedly violates the terms of probation for an underlying felony offense;
- Someone comes to Nevada temporarily, allegedly commits a crime, and then leaves the state before a warrant is issued without even knowing about the allegation; and
- The final example involves a person being charged with a crime and then intentionally leaving the State of Nevada to avoid being taken into custody.
The first stage of an extradition case is being picked up on a Nevada warrant in another state. When the other state begins holding the person on the warrant, Nevada will send certain documents to the other state (often called the asylum state). Those documents include the written proof that a warrant is outstanding in the State of Nevada. The documents might include an indictment, charging document, judgment or affidavit.
The person being detained on the warrant can either “waive extradition” and agree to be returned to Nevada. On the other hand, the person can refuse to waive extradition and a more complicated process begins. In most cases, a governor's warrant will be issued.
Defenses to Extradition to Nevada
Extradition has also been defined as “[t]he official surrender of an alleged criminal by one state or nation to another having jurisdiction over the crime charged.” Black's Law Dictionary665 (9th ed.2009).
The two most common defenses that can be asserted to fight extradition to Nevada include pointing out that the documents are not in order, a procedural problem with the paperwork or showing a case of mistaken identity.
If you have an outstanding warrant for your arrest and wish to avoid the extradition process entirely, then contact an experienced criminal defense attorney at Gallo Law Office to discuss your case. If you are helping a loved one who was just picked up and is being held out of state, call us to find out more about how we can help.
Extradition from Nevada
In other cases, a person is living in Nevada and wanted on a felony warrant in another state. After the State files a petition for extradition, the defense can file a petition for a writ of habeas corpus challenging extradition. The district court will hear the petition for extradition and the petition for writ of habeas corpus.
The issues for a writ of habeas corpus include:
- whether the extradition documents are in order and all procedural requirements have been met;
- whether the person was actually charged with a crime in the other state,
- whether the person being held is the person named in the request for extradition; and
- whether the person being detained is a fugitive.
See Michigan v. Doran, 439 U.S. 282, 289 (1978).
Nevada's Version of the UCEA - The rules that govern the extradition process are found in the Uniform Criminal Extradition Act ("UCEA”) which is the federal extradition law. Nevada has adopted a version of the UCEA which is found in Nevada Revised Statute 179 which provides for the extradition between states.
Finding an Extradition Attorney in Las Vegas, Nevada
If you have an outstanding felony warrant in Las Vegas, Nevada, and are awaiting extradition back to Clark County, then contact an experienced criminal defense attorney at Gallo Law Office. Attorney James C. Gallo represents clients on all kinds of warrants including the misdemeanor warrant, the felony warrant, the violation of probation warrant, the bench warrant, and the failure to appear warrant.
Call to talk with an experienced felony or misdemeanor warrant attorney in Las Vegas, Nevada, about your case.