How can an extradition be stopped?
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How can an extradition be stopped?
My husband was charged with breach of trust and ordered to pay restitution and serve probation. He moved and did neither. Today he went to the sherrifs dept in GA for a background check to start a new job and he was arrested on an outstanding warrant from SC. I have been told that I must wait until he goes back to SC to try and get him released. Is this correct?
Asked on April 26, 2011 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
When your husband failed to serve his sentence (i.e. make restitution and successfully complete his probation) a bench warrant for his arrest was issued. At that point, he technically became a fugitive. There are 2 things that you need to know about this: warrants don't expire; and warrants are valid in all states no matter the state that they were issued in. Accordingly at such time as the authorities became aware of his presence in their state (GA), they were legally bound to notify the issuing state (SC). The issuing state then made the determination to in fact extradite your husband back to formally face charges. For some lesser offenses, a state may not bother to go to the time and trouble of extradition, but such is not the case here. Unfortunately, your husband will need to go back and appear in court. And since he ran once there is virtually no chance that he will be released on bond. It will be best to have legal representation, so you will need to hire a SC attorney. I suggest that you hire one that practices in the immediate vicinity of the court in question as they will have local contacts within the court system that can be utilized to your husband's best advantage.
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