Extradition
Extradition is a legal process where the police arrest a fugitive and return them to their resident state. A person becomes a fugitive when they attempt to escape the law and evade the legal consequences of their actions.
When people think of fugitives, they often think of someone who broke out of prison or jail. Although this is true, fugitives are also people on parole or probation. Fugitives may also be people the police have formally charged with a crime who flee the state.
Ohio Extradition Attorney
If you have been arrested outside of the state of Ohio for a crime committed in Ohio, you may be subject to extradition. This is the process by which the fugitive is arrested and returned to the demanding state. Extradition proceedings are uniquely complicated and require the skilled legal practice of a defense attorney. If you are in need of an extradition attorney, contact Joslyn Law Firm today.
Our attorneys have represented clients in complex and high-stakes cases across the state of Ohio including Dayton and nearby communities such as Xenia, Kettering, New Carlisle, and Springfield. Call (937) 356-3969 to secure a free consultation today.
Information Center
- The Extradition Process
- When A Fugitive Flees Ohio
- The Fugitive Also Committed A Crime In Ohio
- Must All States Extradite?
- Additional Resources
The Extradition Process
Once the police are tipped off that a fugitive is on the run, they send out an all-points bulletin (a.k.a., APB). This response is a message officers radio into one another to provide details of a suspect or felon. The police do not need a warrant to send out an all-points bulletin. Instead, the urgency of apprehending someone fleeing the state or country negates this requirement attached to most law enforcement processes.
When the police of one state, such as Colorado, believe the fugitive is in another state, such as Ohio, they will contact Ohio law enforcement or the appropriate governing body. Then, under Section 2963.02, the Ohio governor will call for Ohio to arrest and return the fugitive. Ohio news outlets will share and post the fugitive’s picture, physical description, and crime during this time.
Section 2963.04 of Ohio’s Revised Code gives the Ohio governor authorization to seek assistance from the attorney general or any prosecutorial body to investigate, find, and apprehend the suspect. If the police arrest the suspect on a warrant or the suspect was already imprisoned in Ohio, the suspect has a right to appear before an Ohio judge. Section 2963.09 guarantees this right. Under this statute’s direction, no law enforcement agent may arrest and extradite an individual arrested on a warrant without first taking them before a judge of the arresting state.
When the defendant appears in an Ohio court, the judge must demand the defendant surrender and inform them of their charges. Furthermore, the judge must inform the defendant of their right to legal counsel. If the defendant wants to test the legality of their arrest, the judge must allow it. The judge will assign a reasonable time for the defendant to apply for a writ of habeas corpus. A writ of habeas corpus safeguards against unlawful imprisonment.
It is equally critical to note that an officer who arrests a fugitive on a warrant and returns them to their resident state faces a fine of $1000 and imprisonment of six months if they do so without allowing the fugitive to have an extradition hearing first. This is true of Ohio law under Section 2963.09, but this may not be true for other states. Each state has personalized extradition laws and procedures.
When A Fugitive Flees Ohio
Ohio may also request that law enforcement from other states return Dayton, Ohio fugitives. The Ohio police will issue a warrant for the escapee’s arrest. Ohio has more than 500,000 active warrants as of 2020. This excessive number is due, in part, to the exorbitant cost associated with extradition. Fortunately, the government issued Ohio a grant of $500,000 to fund extradition costs. The following year, the government issued an additional $200,000 to support the return of escapees to Ohio.
It is the individual local police department or county that pays for extradition. The department or county pays for the fugitive’s housing and transportation back to them. The prosecution does not cover the cost of extraditing someone who only has misdemeanors. Ohio prosecutors only pay for felony charges. Thus, this government-funded program is helpful, particularly to police stations in small towns or where they are stretched thin financially. Since this program, Ohio has extradited more than seventy fugitives for violent crimes, such as aggravated murder, kidnapping, and rape.
The Fugitive Also Committed A Crime In Ohio
What if the fugitive of another state, such as Michigan, is already incarcerated in Ohio for an Ohio crime? Such a conundrum happens. In this case, according to Section 2963.05, Ohio may release the Michigan fugitive and extradite them to Michigan. Michigan must pay for the extradition expense. From there, the Michigan resident will serve their sentence in Michigan. Once the felon completes their sentence, Michigan police may send the person back to Ohio to serve the remainder of the sentence for their crime there. Under the latter, Ohio must pay for the felon’s return.
Must All States Extradite?
All states must participate in extradition proceedings pursuant to federal law. No state can opt out of extradition. However, there are some states which do not extradite for misdemeanors. Some of these states are:
- Florida
- California
- Ohio
- Hawaii
But bear in mind that the law enforcement of any state may arrest any individual if there is an arrest warrant out for that person. In other words, states that do not typically extradite for misdemeanors may still arrest and imprison the suspect.
Additional Resources
Ohio Revised Code Section 2963.01 – This Ohio website defines standard extradition terms.
Ohio Revised Code Section 2963.05 – This Ohio website provides information regarding what state police should do if the fugitive is imprisoned in Ohio or another state.
Ohio Extradition Lawyer | Joslyn Law Firm
If you are facing extradition, proceeding without the legal assistance of a practiced criminal defense lawyer can be detrimental. The defense team at Joslyn Law Firm has years of experience defending clients charged with criminal offenses. We can ensure that you receive unmatched legal services.
We represent clients in Dayton, Ohio including nearby areas such as Montgomery County, Miami County, Clark County, or Greene County. Call (937) 356-3969 to secure an initial consultation with Joslyn Law Firm today.
