Tag Archives: extradition

Interstate Extradition Bonds

Jeff Downer  When an arrest warrant is issued there are instances when the defendant is arrested on the warrant while in another state.  The process of transferring the defendant to the state which issued the warrant is called extradition.

The extradition procedure is governed by the Uniform Extradition Act (UEC) and is recognized by all 50 states.  The defendant may waive going through the procedure or as part of due process the defendant may also challenge being extradited.   If the extradition is challenged the court will set a hearing to hear arguments as to why the defendant should not be extradited.  The setting of the hearing date must allow the defendant time to adequately prepare.

Per the UEC, while awaiting any hearing or extradition surrender date the defendant must be permitted to post bail:

Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge must admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as he deems proper, for his appearance before him at a time specified in such bond or undertaking, and for his surrender, to be arrested upon the warrant of the governor of this state.

Note that an extradition bond is meant only to insure appearances during the extradition process.  Once a defendant is extradited, another bail bond may be required for release while awaiting trial for the underlying case.

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Posted in Bail, Fugitive, National, Warrant. Tagged with , , .