If a person allegedly commits a crime in New Jersey, then flees to another state, he or she will be transported back to New Jersey by law enforcement to face justice. The process of bringing a suspect from one state to another to face criminal charges and trial is known as “extradition.” A network of state and federal laws requires police officers to extradite criminal suspects between states. If you are at risk of being extradited to or from New Jersey, discuss your case with a New Jersey attorney for interstate criminal extraditions right away. It may be possible to fight the extradition successfully, but not without proactive and strategic legal action.
At the Law Offices of John J. Zarych, we have more than 45 years of combined experience representing defendants in New Jersey extradition proceedings. Regardless of whether you or your family member is being extradited due to white collar crimes, theft or burglary, assault, sex crimes, weapons crimes, drug trafficking and distribution, or other types of charges, we possess the knowledge and skill to protect your rights and manage the process effectively. There are various defenses against extradition that may be leveraged in your case. For a free legal consultation with an extradition lawyer in New Jersey, contact the Law Offices of John J. Zarych online, or call our law offices at (609) 616-4956 today.
What is the New Jersey Extradition Law?
New Jersey follows a law known as the Uniform Criminal Extradition Act, which creates certain rules and standards for interstate extradition procedures. State statutes dealing with different aspects of extradition in New Jersey include:
- J.S.A. § 2A:160-27, which deals with extradition while prosecution in New Jersey is pending
- J.S.A. § 2A:160-30, which deals with waivers of extradition proceedings
- J.S.A. § 2A:160-31, which deals with demands for extradition and warrants
- J.S.A. § 2A:160-33, which deals with the extradition of individuals who are “imprisoned or awaiting trial in another state,” and agreements to return to the extraditing state
What is the Procedure for Extraditing Someone to or from New Jersey?
For an individual to be lawfully extradited back to New Jersey from another state, the state must follow certain rules and procedures. These procedures, which apply regardless of whether the fugitive is being extradited from a neighboring or distant state, are as follows:
- First, a prosecutor must present the governor of the relevant state with a request that the fugitive be returned to New Jersey. This request is known as a “requisition.” This may occur if the fugitive has allegedly:
- Committed a crime in New Jersey
- Failed to appear for a court hearing in New Jersey
- Violated conditions of bail
- Violated conditions of parole
- Violated conditions of probation
- Next, the state must prepare a written statement called an “affidavit,” which outlines the details behind the requisition.
- Finally, the governor of New Jersey must issue a warrant for return of the individual to the state, whether due to a parole violation, probation violation, or other reasons as outlined above.
The process is slightly different for extraditions from New Jersey to other states. In these types of situations, the procedures involved can be slightly more complex. Once the warrant has been issued for the fugitive’s return to the original state, he or she must attend a hearing, at which:
- The defendant is notified of his or her legal rights.
- The defendant may potentially waive extradition, which means giving consent to be extradited without going through the hearings that would normally be held. Unless the defendant chooses to waive extradition, he or she is entitled to an extradition hearing.
Before you decide to waive extradition, you should discuss your situation thoroughly with an experienced New Jersey criminal lawyer. Giving up rights may speed up or simplify the process – but doing so could also cost you important privileges and liberties, with long-term impacts for the outcome of your case.
New Jersey Criminal Extradition Defense Attorneys
Do not face the criminal extradition process alone. Work with a dedicated criminal defense attorney who has decades of experience fighting interstate extradition proceedings to and from New Jersey. Our law firm handles all types of extradition cases in New Jersey, including cases involving charges of theft, DUI/DWI, rape, sexual assault, gun possession, distribution of controlled substances, burglary, robbery, and other offenses.
Contact our law offices online to arrange a free legal consultation, or call the Law Offices of John J. Zarych at (609) 616-4956 to speak with an attorney. We are available 24 hours a day, seven days a week, to help answer your interstate extradition questions.