(602) 307-0808
Call Now, Open 24/7
Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3855 and §13-3857, “Extradition” refers to the process of transferring an arrested individual from the State of Arizona to another state’s (or country’s) custody.
Watch this short video where David explains about Extradition to Arizona or from Arizona:
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: (888) 822-6867
EXCELLENT Based on 391 reviews matt harrell2025-02-09Trustindex verifies that the original source of the review is Google. Jason Karpel at DM assigned his team of David Campbell and Leah Dodd, which did an amazing job, being very attentive and making themselves available anytime we needed a conversation. This team worked out everything I needed and highly recommend this firm for anything !!! Thank you DM Cantor Team ! Paul Zellner2025-02-09Trustindex verifies that the original source of the review is Google. Great lawyers!!! Seb2025-02-07Trustindex verifies that the original source of the review is Google. The legal team at DM Cantor is absolutely phenomenal. They helped me win my case and made me feel at home throughout the whole process. I am extremely grateful I chose DM Cantor for legal help, and I cannot recommend them enough! Adam Flood2025-02-07Trustindex verifies that the original source of the review is Google. Fantastic office, clean, and amazing artwork. Plus final boss sour! Kevin McDermott2025-02-01Trustindex verifies that the original source of the review is Google. I worked with Nick Boca and Robyn McCraw. I felt I was in the best of hands from the beginning. They were clear and upfront at all times with their communication and instruction. Any divorce is a difficult time, and Nick and Robyn understand that. Their compassion for my situation and professionalism in how they handled my case stood out the most. I would highly recommend their services to anyone going through a difficult divorce. KM Peggy2025-01-30Trustindex verifies that the original source of the review is Google. Cantor Law Group came as a recommendation from a family friend, and I am so grateful that this led me to speak with Nicholas Boca. Nik represented me in a complicated divorce which detailed a substantial claim of waste that spanned my 25-year marriage. He was very straightforward and honest and worked purposefully on my behalf at all times. He was empathetic to my situation and found ways to navigate difficult challenges unique to my case. Perhaps most importantly, he understood the importance of bringing closure to my situation and did his best to avoid unnecessary legal expenses. His methods to find resolution required wisdom and experienced practice of law. My heartfelt gratitude also extends to Robyn and Amanda. This was a team effort. Amanda’s knowledge of law, Robyn’s organizational skills and instinctive nature were invaluable. My “team” at Cantor Law Group cared. My case mattered, I mattered, my family mattered. From the front desk to the billing department, everyone handled my inquiries and needs without delay. Each person I interacted with seemed to know me personally and I felt reassured they were all working together to achieve the best possible outcome. Cantor Law Group has an excellent reputation amongst the experts. It was extremely reassuring knowing that the work ethic and professionalism of Cantor Law Group is respected by both the experts and the court. I would HIGHLY recommend Cantor Law group. Ayoub Abouri2025-01-30Trustindex verifies that the original source of the review is Google. Met with Jason for a consultation. He was very honest and upfront. I appreciate the advice and information. I’m very happy I came in and even though I did not hire them I highly recommend them. Mike LaForest2025-01-17Trustindex verifies that the original source of the review is Google. All the attorneys are exceptional and they all work collaboratively on your case. While I worked closely with David, the other attorney's where always up to date and provided unparalleled guidance. Bottom line, they are a cut above and they deliver. You get what you pay for. If it matters, talk to DM Cantor.
Fill out the form below to receive a free and confidential initial consultation.