What is extradition? Extradition is a procedure where a person in one state is surrendered to another state in connection with separate criminal proceedings. Usually, that person has fled the state to avoid prosecution, sentencing or incarceration. A person who flees prosecution or sentencing is called a fugitive.
One the fugitive is arrested, he or she can either request a hearing to contest the extradition or can waive the right to this hearing. If the fugitive waives the right to a hearing, he or she will be available for return to the state that issued the warrant.
In Ohio, the governor regulates extradition. When a fugitive is arrested in another state, the Ohio governor may demand extradition by issuing a warrant for the fugitive’s arrest, which must contain a factual basis for the extradition. A fugitive in Ohio can be held up to 90 days while waiting for a governor’s warrant. Under R.C. 2963.14, an Ohio court may release a fugitive on bail while waiting for a governor’s warrant for extradition to be served. Once a governor’s warrant is served, the fugitive can apply for a writ of habeas corpus to challenge the legality of his or her arrest. Any hearing would focus only on the legality of the arrest and not on the merits of the pending charges.
If the fugitive is serving a sentence in one state and has pending charges in another state, the receiving state must hold a trial within 180 days or else dismiss the pending prosecution.
Daniel Gigiano’s Employment For Felons Article And More
To learn more, read my other related posts, where I wrote about how fleeing the state can put time limits on hold in Ohio, the differences between felonies and misdemeanors in Ohio, adult sentences in Ohio juvenile cases, factors affecting an agreed sentence in Ohio, reduction in maximum prison terms for some Ohio offenses, ways to avoid going to jail in Ohio, jail time credit in Ohio, Ohio’s certificate of qualification for employment, changes to Ohio DUI laws, felony theft in Ohio, Ohio shoplifting laws, and expunging Ohio convictions. I have successfully defended individuals for both misdemeanor and felony offenses, as set forth in the case highlights section.
Daniel Gigiano Reviews And Contact Information
Attorney Gigiano is a Medina County criminal law attorney in Wadsworth. Attorney Gigiano regularly defends individuals accused of crimes in Medina County, Wayne County, Summit County and surrounding counties. To learn more about the work Attorney Gigiano has done for his clients, take a look at the Daniel Gigiano Reviews, reviews found in a number of websites, and articles and links to his work. If you have questions about this or other questions you need answered by an experienced Wooster criminal law lawyer near Orrville, Akron criminal law lawyer near Barberton, or Norton Mayor’s Court criminal law lawyer near Doylestown, Ohio, please call Attorney Daniel F. Gigiano at 330-336-3330.