New Jersey Extradition Law
At Bailey & Orozco, LLC, our Newark firm, attorneys Howard Bailey and Michael Orozco see that our clients' rights are protected during extradition proceedings. If you are facing extradition and would like to discuss your situation with one of our lawyers, please contact our offices and make arrangements for a free consultation.
Extradition Law
Interstate extradition is the process where a person facing an arrest warrant in a state other than New Jersey is returned to that state. The procedures that must be followed are governed by statutes and Court Rules. The criminal charges that are the basis of the extradition request are not addressed during the extradition litigation, only the question of removal to the requesting state. The criminal charges can only be defended in the state issuing the arrest warrant.
Generally, if you are being extradited the Court will require you to return to the requesting state to answer the charges. You can choose to waive extradition or, if you fight extradition, the Court may issue an order authorizing extradition. It is important to thoroughly examine the situation before deciding whether to agree to a waiver or to oppose extradition. In making a recommendation, your attorney will consider the grounds on which your extradition can be successfully fought and the legal and strategic advantages to either waiving or fighting extradition.
One of the most important considerations in deciding whether to waive or fight extradition is whether you are in custody or not. If you are in custody, you can request the Court set bail for your release while you fight extradition or voluntarily return to the requesting state. When determining whether to set bail, the Court will consider the nature of the criminal charges, your prior record, and other factors.
Bailey & Orozco: Newark Criminal Defense Attorneys
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