NJ NJ Extradition Law

NJ Extradition Law

If you have an outstanding warrant in New Jersey but get arrested in another state, you may face extradition back to NJ. Or if you are arrested in NJ on an out-of-state warrant, you could be extradited to that other jurisdiction. Understanding how interstate extradition works is crucial for anyone facing charges across state lines.

What is Extradition?

Extradition is the process of returning fugitives or suspects back to the jurisdiction where their criminal case originated. It happens between U.S. states under the Extradition Clause of the U.S. Constitution, which provides:

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

This allows states to cooperate in order to prosecute crimes committed across state lines. New Jersey has adopted the Uniform Criminal Extradition Act (N.J.S.A. 2A:160-2 et seq.) to streamline the extradition process with other states.

When is Extradition Used in New Jersey?

Common situations where extradition comes into play include:

• You are charged with a crime in NJ but get arrested in another state
• You flee NJ after committing a crime and are found in another state
• You violate probation or parole by leaving NJ without permission
• You are arrested in NJ on an out-of-state warrant

Extradition applies to all types of New Jersey crimes, ranging from disorderly persons offenses up to first-degree felonies. However, prosecutors generally only seek extradition for more serious crimes.

How the NJ Extradition Process Works

The extradition process involves several steps:

1. Prosecutors in the demanding state (where the charges originated) ask the governor to issue a warrant
2. The governor reviews the case and issues an extradition warrant if appropriate
3. The warrant is forwarded to the asylum state (where you are currently located)
4. Local law enforcement arrests you on the extradition warrant
5. You appear before a judge and may challenge the extradition
6. If courts approve extradition, you are returned to the demanding state

This process is governed by time limits and other rules to protect your rights. An experienced criminal defense attorney can guide you through each step.

Grounds to Challenge Extradition to New Jersey

Before being extradited, you have a right to challenge the process at an extradition hearing. Common arguments include:

• You are not the person named in the warrant
• You were not in New Jersey when the alleged crime occurred
• There is no credible evidence against you
• You already resolved the charges through a plea, trial, or dismissal
• Prosecutors failed to follow proper extradition procedures

While judges have limited ability to review the underlying case, a good extradition lawyer can exploit technical flaws or mistaken identity issues to defeat extradition.

Waiving Extradition Back to New Jersey

You can waive extradition and voluntarily return to NJ to face charges. Some reasons to consider waiving extradition include:

• Avoid sitting in jail through the extradition process
• Expedite your return to NJ to start negotiating a plea deal or prepare your defense
• Take responsibility and demonstrate cooperation to prosecutors

The decision to waive extradition depends on the charges, strength of the case, and your overall priorities. Discuss all options thoroughly with your criminal defense attorney.

Bond and Bail in New Jersey Extradition Cases

New Jersey prosecutors will ask that you be held without bail when arrested on an NJ warrant in another state. However, the asylum state makes the final decision on bail and bond while you are there. An experienced attorney may be able to get you released on bail until transported back to NJ.

Costs of Extradition

Extradition can be an expensive process. Costs typically include:

• Judge’s fees
• Paying officers to transport you back to NJ
• Mileage and meals for transporting officers
• Your meals, lodging, and medical care during transport

New Jersey counties must cover these costs up front, then seek reimbursement from the state. Some prosecutors complain extradition is too expensive for minor crimes. But they routinely extradite on more serious felony charges.

Alternatives to Extradition

For minor crimes, prosecutors may agree to alternatives that avoid extradition, such as:

• Letting you handle the charges voluntarily without extradition
• Allowing you to plead guilty and take a sentence in the asylum state
• Dropping the NJ charges if you plead guilty to charges in the asylum state
• Transferring probation or parole supervision to the asylum state

However, you normally need an attorney negotiating on your behalf to craft such alternatives to extradition.

Out of State Warrants in New Jersey

If you are arrested in New Jersey on an out-of-state warrant, the same extradition process applies in reverse. The options include:

• Challenge extradition at a hearing
• Voluntarily waive extradition to expedite your transfer
• Seek bail/bond in New Jersey until transported out of state
• Negotiate an alternative resolution of the charges

Be sure to retain an attorney licensed in the demanding state to help negotiate your transfer or fight extradition.

Get Legal Help Fighting Extradition

Don’t let extradition concerns keep you from vigorously defending your case. An experienced criminal defense lawyer can help you understand the extradition process and identify any options for avoiding or delaying your transfer.

Whether you are challenging extradition from another state or facing extradition from New Jersey, it pays to have skilled legal counsel guiding you each step of the way.