Per statute, the other jurisdiction must pick up the Defendant within ninety (90) days, otherwise they will be released. In addition, the suspect may challenge all the allegations in the other jurisdiction’s charging document and force them to demonstrate probable cause that they should be charged in the first place. On the other hand, most people “waive” extradition and allow themselves to be voluntarily transferred to another jurisdiction.

If a Defendant does challenge Extradition, then we would require the other jurisdiction to submit a “Governor’s Warrant”. A Governor’s Warrant occurs when the Governor in the other jurisdiction reviews papers submitted by their own Prosecutor. Once the Governor’s Warrant is submitted to Arizona (along with supporting paperwork), then Arizona’s Governor would review the request and issue a “Warrant of Extradition” back to the original state. Once the Defendant receives this Warrant, he can then challenge the Warrant with a “Extradition Hearing.”

One of the challenges that can be made is an “Identity Hearing” which challenges the very identity of the person the other jurisdiction is seeking. For example, sometimes college roommates will use each other’s IDs to get into bars and, when an arrest occurs, they will simply “pretend” to be their roommate. The roommate may graduate and move on from college, only to be picked up in another state and accused of a past crime within Arizona. If it can be shown at the Identity Hearing that the fingerprint does not match the person in custody, then that person can be released.

As to challenging the Warrant on factual grounds (other than Identity), the method for this procedure would be “Habeas Corpus”. “Habeas Corpus” is a Latin term for “that you have the body”. A “Writ of Habeas Corpus” is a motion that is filed most frequently to ensure that a Defendant’s imprisonment or detention is not illegal. It is sometimes used to test the legalities of an arrest or a commitment. It may also be used to obtain review of the regularity of an extradition process, the right to or amount of bail, and the jurisdiction of a court which has imposed a criminal sentence. Most often this is used in Federal Court. The State Court system has other devices which can accomplish the same purpose. If Habeas Corpus is denied, then the other jurisdiction will be notified and they can send their law enforcement agents to pick up and transfer the Defendant.

The most common type of extradition is between two (2) states (i.e., “Interstate Extradition”). Although the news sometimes features international extraditions (i.e., cases where a suspect is picked up in another country and then subsequently shipped to the U.S.), these situations are very rare. With Interstate Extradition, what normally has occurred is that the State of Arizona has issued a “Fugitive of Justice” Warrant for an outstanding felony charge, and then the Defendant has been picked up in a different state. Certain states have certain rules. For example, most states require Arizona to physically send an officer to come out and pick up the Defendant and transport them back to Arizona. If they do not do this within a certain amount of time (usually 30 days), then that State will simply release the suspect. If the crime is a “Major Felony” (i.e., a class 1, 2, or 3 felony), then they may actually send one of their officers to transport the Defendant back to Arizona. Sometimes this process can take quite a while. For example, we have seen cases where they will ship a Defendant back to Arizona by way of “hitching rides” with prison buses (which involves numerous layovers at various jails in various states). Sometimes this process can take two (2) weeks or more.

In many cases where we have been retained as your Phoenix Criminal Defense Attorney, we have been able to contact the state who is holding the Defendant and work with a Prosecutor to negotiate a “self-surrender.” What this means is the Prosecutor meets with their local Judge and agrees to have our client released from custody with a promise that they will appear in Arizona by a certain date. This allows our clients to make arrangements with work and family before traveling back to Arizona.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Criminal Defense Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Criminal Defense Attorneys know the system well.

If you or a loved one have more questions about an Extradition to Arizona or from Arizona, contact DM Cantor and speak to an attorney today for your free consultation. For our of state calls, feel free to Call Our Toll Free Hotline: (602) 307-0808