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Absconding and extridition
Asked over 2 years ago - Riverside, CA
My son recieved a sentence of felony probation, that will reduce to misdemeanor probation- after one year of no negative contact with the law. He has absconded on this sentence.
My question is,despite he trys to maintain no negative or otherwise contact with law enforcement, if he would have his ID checked, is there any states where he would be less likely to be extridited back to California?
Attorney answers (2)
I should add that interstate rendition is governed by the constitution, although individual states may be more or less slow to respond. The Extradition of Fugitives Clause in the Constitution requires States, upon demand of another State, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the State from which the fugitive has fled. 18 U.S.C. § 3182 sets the process by which an executive of a state, district or territory of the United States must arrest and turn over a fugitive from another state, district or territory.
In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires:
An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, and
Such document must charge the fugitive demanded with having committed treason, felony, or other crime, and
Such document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.
An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released.
Cases of kidnapping by a parent to another state would be automatic involvement by the US Marshals department.
[edit]
In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires:
An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, and
Such document must charge the fugitive demanded with having committed treason, felony, or other crime, and
Such document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.
An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released.
Cases of kidnapping by a parent to another state would be automatic involvement by the US Marshals department.
[edit]
Shafer just doesn't know the answer. Neither do I. There are 49 other states each with their own extradition procedures. In any event it is not too bright to abscond on felony probation. If he is picked up and extradited he will face state prison. All he had to do was maintain for a year. Sounds like a repeat customer for our criminal courts.
One or more answers have been taken down.
