What are the extradition laws in Arizona? Under Arizona extradition laws, you may be extradited out of or into the state if you have flown bail or you have otherwise become a fugitive of the law. Here we discuss the consequences of illegal flight and how states extradite fugitives and bring them to justice.
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Are you asking “What Are the Extradition Laws in Arizona? Can You Be Extradited?” This article will attempt to answer those questions for you. Disclaimer: this article does not provide legal advice. Laws may change at any time for any reason and therefore, for specific current legal advice please call The Ferragut Law Firm at 602-324-5300.
What is extradition?
Extradition is the legal process of transporting a person accused or found guilty of a crime from one state to another, whether that state is a country or a state like in the United States. Generally speaking extradition is a formal process from state to state in the US. However extradition can also take place from country to country, if both country's laws allow for extradition and there is a formal extradition treaty in place. Extradition between countries can be complicated and can be interfered with by the political climate at the time. In Arizona, the requested transport of a suspect or convict outside the state is called an extradition. However if Arizona makes a request to another state or sovereign, the process is called a Rendition. In-state renditions and extraditions occur when the prosecuting attorney makes the formal request to the governor's office. The legal approval process must still be fulfilled. After the legal approval of an extradition or rendition, law enforcement becomes aware and involved with detaining and arresting the fugitive for proper transportation or deportation as the case may be.
Why are there extradition laws in Arizona?
If there were no extradition laws, people could just go live outside their legal jurisdiction with no fear of facing the consequences for their crimes. It's important that states agree to extradition treaties with each other to help keep proper enforcement of laws. If one state didn't agree to extradition with another, it could cause a multitude of legal and political issues, and the enforcement of the law in each state would be at the mercy of that lack of cooperation.
How does the extradition law work in Arizona?
Extradition laws in Arizona allow for the process of importing and exporting people accused of committing criminal acts. If the person committed the act in Arizona, the request is made to the state where the accused is found to be staying. If an accused from another state is found to be in Arizona, that state's request is then processed by Arizona. In most cases, the governor's offices of each state handles the request for extradition. The governor's office in Arizona has a website where further information can be found on Arizona laws of extradition at https://azgovernor.gov/governor/extradition-information. The specific law in Arizona is found in the Arizona Revised Statutes 13-3842 at https://www.azleg.gov/ars/13/03842.htm
What is the extradition process in Arizona?
The extradition process in Arizona begins with the formal filing of paperwork that must be submitted to the governor's office. A checklist is available to verify that all information is complete and the form is properly filled out prior to submission. Incorrect or incomplete information on the extradition law request will result in delays. After the receipt of the forms, fingerprint card, photo of fugitive, and all additional documents requested by the state, the information is verified and submitted to the court. If the judge finds the extradition request is legal and proper, he or she will approve it and send the request to the state's law enforcement. Law enforcement then attempts to locate the fugitive. If he or she is arrested, the database is checked for outstanding warrants and at that point, the extradition or rendition process would be fulfilled.
What states do not extradite to Arizona?
All states in the US have extradition treaties with each other. However, three states do not extradite for misdemeanors because the cost of transport and housing is thought to be too great to cover the cost of the crimes. However they still extradite for felonies including sexual crimes, white collar crimes, murder and homicide, and assault crimes among others. Those states are Florida, Alaska, and Hawaii.
What is flight risk?
Flight risk is the assessment in a criminal case by the judge against the defendant at the initial hearing at the time bail is set. Flight risk is determined by the defendant's previous record, the severity of the crime, and the family and local support situation among other factors. If a defendant is judged to be a high flight risk the bail for that person will potentially be higher, or in worst case, bail will be denied. This means that the person will need to remain in custody until their trial is over and a verdict is rendered against them. If a person 'jumps bail' or is in flight and they go out of state, an extradition process will begin against them. The Arizona extradition laws (or whatever state they are being extradited to) will come into play to get them back into the legal jurisdiction of the court where the trial will be held.
Speak with A Legal Representative
If you have questions about the extradition laws in Arizona, you can get a free consultation with an experienced defense lawyer at The Ferragut Law Firm. To get your free consultation, call today at 602-324-5300.