NJ Extradition Process

NJ Extradition Process

Wanted for a crime in New Jersey but laying low in another state? Don’t get too comfy – you may face extradition back to NJ. Interstate extradition is a big deal with major implications for your rights and future. This article breaks down how the extradition process works in New Jersey.

What is Extradition?

Extradition is the process of transferring a criminal suspect or fugitive from one state to another to face charges. It’s based on the U.S. Constitution, which says states must return fugitives to the state demanding them.

So if you’re charged with a crime in New Jersey but get picked up in, say, California, NJ can request that CA hand you over through extradition. This even applies if you fled NJ intentionally to avoid prosecution.

How Extradition Works in New Jersey

The extradition process in NJ involves several steps:

1. NJ files a request with the other state (the “asylum state”) where the fugitive is located.
2. The asylum state arrests the fugitive on the NJ warrant.
3. There is a hearing where the asylum state decides whether to extradite.
4. If approved, the fugitive is transferred in custody back to NJ.

States generally cooperate with extradition requests. In fact, the U.S. Supreme Court has ruled it’s mandatory – states must extradite fugitives upon proper request.

Requirements for Extradition from NJ

For a New Jersey extradition request to be granted, a few conditions must be met:

• The fugitive must be charged with a crime in NJ, typically through an arrest warrant or indictment.
• The crime must also be a chargeable offense in the asylum state.
• The extradition request must include charging documents, an affidavit, and copy of the NJ arrest warrant.
• NJ must cover the costs of transporting the fugitive back to the state.

As long as these baseline requirements are satisfied, the asylum state is obligated to arrest the fugitive and deliver them to NJ officials.

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Extradition Hearing and Rights in NJ

Once arrested, the fugitive is entitled to an extradition hearing before being sent back to New Jersey. This hearing may be formal or informal, depending on the asylum state’s specific laws.

At the hearing, the fugitive can raise limited defenses against extradition, including:

• They are not the person named in the warrant.
• The extradition documents are facially invalid.
• There’s no probable cause they committed the NJ crime.
• NJ is actually punishing them for a different crime.

But the fugitive cannot argue defenses related to guilt or innocence at this stage. The purpose of the hearing is solely to evaluate the procedural validity of the extradition request.

If the judge rejects the defenses and authorizes extradition, NJ officials will take custody of the fugitive and transport them back to face charges. Extradition can happen surprisingly fast, sometimes in under a month.

Waiving Extradition in NJ

Many fugitives choose to waive extradition rather than fight it. This speeds up the process and gets transport back to NJ underway immediately.

Waiving extradition may be advisable if there are no viable defenses against the charges. It allows the fugitive to start dealing with the NJ case rather than languishing in jail in the asylum state.

However, consulting with an attorney before waiving extradition is recommended. They may see defenses you’re unaware of. Once waived, it’s very difficult to undo.

Challenging Extradition After Transfer to NJ

Is there any way to fight extradition after you’re sent back to New Jersey? The options are very limited at that point.

Technically, you can file a writ of habeas corpus in NJ arguing the extradition was improper. But it’s an uphill battle. NJ courts assume the asylum state already validated the extradition request when they granted it.

A post-transfer habeas challenge to extradition really only makes sense if there was some gross procedural error that violates your constitutional rights. But with competent asylum state judges, that’s rare.

Other Forms of Extradition in NJ

In addition to extradition between U.S. states, there are some other forms of extradition in New Jersey:

• International extradition – Between the U.S. and foreign countries. Based on treaties.
• Interstate rendition – Transferring a parolee or probationer back to their home jurisdiction.
• Interstate detainers – Temporary transfer of a prisoner to stand trial elsewhere.

While we’re focused on permanent extradition here, it’s helpful to be aware of some related concepts that may also come into play in your case.

Federal Rules on Extradition in NJ

Extradition between states is governed by the U.S. Constitution and federal law. The two key sources are:

• Article IV, Section 2 – the Extradition Clause of the Constitution.
• 18 U.S.C. § 3182 – the federal extradition statute.

The Extradition Clause establishes that states must turn over fugitives from justice on demand of another state. The federal extradition statute sets procedures for making requests.

These provide the foundation, but states can build upon them with their own laws. Which brings us to…

New Jersey’s Extradition Laws and Procedures

While federal law lays the groundwork, New Jersey has its own laws and procedures governing extradition:

• N.J. Stat. § 2A:160-6 et seq. – the NJ extradition statute.
• NJ Court Rules 3:26-1 to 3:26-6 – extradition rules for NJ courts.
• NJ Attorney General Extradition Guidelines – policies for prosecutors.

Key aspects of New Jersey’s extradition process include:

• Only the Governor or Attorney General can request extradition.
• The prosecutor works with the AG’s extradition coordinator to handle details.
• NJ covers costs like travel expenses for the fugitive.
• Extradition requests are made to the asylum state’s governor.

Following the proper protocols under NJ law ensures the extradition goes smoothly from start to finish.

After Extradition: Dealing with the NJ Charges

Once back in New Jersey, the fugitive obviously has to face the criminal charges that started the whole extradition process. This may involve steps like:

• Making an initial court appearance.
• Entering a plea to the charges.
• Filing for bail or pretrial release.
• Mounting defenses and negotiating with the prosecutor.
• Going to trial if no plea agreement is reached.

Given what’s at stake, having an experienced criminal defense attorney assist with the NJ charges is highly recommended. The extradition was just step one – now the real legal fight begins.

When Extradition Gets Denied in NJ

While rare, it is possible for an asylum state to deny a New Jersey extradition request. This can occur if:

• The fugitive’s defenses against extradition are successful.
• There are technical defects with NJ’s extradition request.
• The asylum state laws don’t authorize extradition for that type of offense.
• NJ fails to follow through and pick up the fugitive in time.

If extradition gets denied, NJ must correct any deficiencies and re-file the request to get a second bite at the apple. But this takes time, and the fugitive enjoys their freedom in the meantime.

Fleeing Prosecution: Is It Worth It in NJ?

Facing criminal charges in New Jersey, some defendants consider intentionally fleeing to another state to avoid prosecution. Is this ever a good idea?

In a word: No. Flight almost always makes things worse. Prosecutors take a fugitive’s flight as consciousness of guilt. That leads to higher bail upon extradition, fewer plea options, and harsher sentences.

Any temporary benefit from delaying prosecution will likely be outweighed by the long-term impacts. And you forfeit the chance to fight the charges on their merits.

Those facing NJ charges should stay put, hire a lawyer, and start building their defense strategy. Simply fleeing and waiting to be extradited is rarely the smart play.

Consult an Attorney About Your NJ Extradition Situation

Interstate extradition is a complex process with high stakes for your freedom and future. If you’re facing extradition to New Jersey on criminal charges, it’s critical to have experienced legal counsel.

An attorney can advise on your options and defenses at every stage of the extradition process. They can also start working on a defense strategy for the underlying NJ charges. Don’t leave your fate to chance – get legal help today.