If you are waiting extradition, are you entitled to legal counsel?

Asked on July 1, 2014 under Criminal Law, North Dakota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

State laws vary. But Congress implemented the Uniform Criminal Extradition Act through 18 U.S.C. Sec. 3182 (1985), which provides for interstate cooperation in the apprehension and delivery of fugitives on demand from the executive authority of the requesting state, district, or territory from which the person fled. Every state in the United States has adopted provisions of the Uniform Criminal Extradition Act (UCEA). The UCEA provides for a more uniform process for one state to demand the surrender of a person in another state who is accused of a crime. Each state has slightly different requirements under the UCEA, however, the extradition act generally provides the following requirements:

  1. The demanding state must issue a valid arrest warrant;
  2. The Governor or other executive authority of the demanding state must make a written request;
  3. The person awaiting extradition is entitled to a hearing and representation by an attorney;
  4. Extradition may be waived by the person accused;
  5. If extradition is not waived, then the court must make certain findings on the request for extradition to ensure compliance with all legal requirements;
  6. The demanding state must take custody and transport the person accused within 30 days.

Make a demand.

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