New Jersey Extradition

New Jersey Extradition: What You Need to Know

So you got yourself into some legal trouble out of state, and now New Jersey wants to extradite you back here to face charges. Or maybe you’re in New Jersey and another state is trying to extradite you there. Either way, extradition can be a confusing and scary process. But don’t worry – this article will break it all down for you in simple terms. We’ll look at how extradition works, the laws involved, your rights, and some potential defenses. Let’s dive in!

What is Extradition?

Extradition is basically when one state transfers a criminal defendant to another state. It happens when someone is charged with a crime in one state, but gets arrested in a different state. For example, let’s say you commit a crime in New Jersey, but flee to New York. New Jersey can request that New York extradite you back to NJ to face charges. Makes sense so far, right?

The purpose of extradition is to prevent criminals from dodging prosecution by simply crossing state lines. The U.S. Constitution actually requires that states cooperate when it comes to extradition. Most states have adopted a uniform extradition law to facilitate the process. Which brings us to…

New Jersey Extradition Laws

New Jersey has adopted the Uniform Criminal Extradition Act. This sets out the rules for transferring suspects to and from the state. Here are some key things to know:

• The law allows New Jersey to recoup the costs of extraditing someone, like travel, food, and salaries. And they charge those expenses to the defendant!
• If NJ extradites someone to another state, that state has to return the person when their criminal case is over.
• The governor of New Jersey has to sign off on all extradition requests to and from the state.
• If you challenge extradition, you have the right to a hearing where the state has to offer proof that you’re the person wanted.
• You can waive extradition proceedings and consent to being sent to the other state. More on that later!

So in a nutshell, the extradition law aims to make transferring suspects between states a smooth process. But smooth for law enforcement, not necessarily for you!

How Extradition Works

Let’s break down what actually happens when a state wants to extradite someone:

• The state files a requisition demand with the governor’s office asking for you to be extradited. This includes info like your name, the charges, and an arrest warrant.
• The governor reviews the demand and can issue an extradition warrant ordering you to be arrested and turned over.
• Once arrested, you are brought before a judge and informed of the extradition request. You can challenge extradition at this point if you have grounds to do so.
• If you don’t challenge, or if you lose the challenge, you’ll be transported to the other state by law enforcement. Road trip!
• Once in the demanding state, you’ll be formally arrested on the charges there and prosecuted like any other defendant.

The process seems pretty straightforward, but there are opportunities at each step to fight extradition if you have valid reasons. Which is what we’ll look at next…

Fighting Extradition from New Jersey

Let’s say you’re arrested in New Jersey and told you’re being extradited to another state. You may not want to just passively accept this if you believe there are good reasons not to be sent there. Here are some ways you can challenge extradition from NJ:

• Contest identity – If they’ve got the wrong person, speak up! You can argue you are not actually the person named in the warrant.
• Challenge paperwork – If there are technical errors or missing info in the extradition request, point it out. Sloppy paperwork could get the extradition denied.
• Claim alibi – If you have proof you were not in the state when the alleged crime happened, provide your alibi. Hard to extradite you for a crime you can show you didn’t commit.
• Argue no probable cause – You can contend the demanding state doesn’t have enough evidence to justify extraditing you. This is a long shot, but possible.
• Cite health reasons – If you have serious health conditions that would go untreated or worsen in the other state’s jails, raise this issue. Your health and safety are valid concerns.
• Claim constitutional violations – You can allege the extradition itself would violate your constitutional rights in some way. For example, by compromising your due process rights.

As you can see, there are various angles to challenge extradition if you have good cause. An experienced criminal defense lawyer can advise you on the strongest arguments to make.

Fighting Extradition to New Jersey

The flip side is when you’re arrested outside of New Jersey, but get hit with an extradition request from NJ. How can you fight being extradited here?

• Question probable cause – Just like above, you can argue NJ authorities don’t have solid evidence against you to justify extradition.
• Challenge the warrant – If there are any technical errors in New Jersey’s extradition request or supporting paperwork, point those out.
• Claim health reasons – If you have medical issues or conditions that would go untreated in NJ jails, cite those to avoid extradition.
• Allege constitutional issues – You may be able to contend that being extradited would violate your constitutional rights in some way. This is a sophisticated argument that requires an experienced lawyer.
• Offer to waive extradition – We’ll talk more about this later. But waiving extradition and voluntarily returning to NJ can sometimes be strategically smart.

Now let’s move on to talking about your rights in the extradition process…

Your Rights in Extradition

The extradition process can feel unfair and one-sided. But you do have certain rights that provide some protections:

• Right to an extradition hearing – If you challenge extradition, you have a right to a hearing where the state must justify transferring you.
• Right to habeas corpus – You can file a habeas corpus petition contesting your arrest and detention for extradition purposes.
• Right to counsel – At any extradition hearing, you have the right to a lawyer to represent you and argue on your behalf. This is critical.
• Right to appeal – If you lose at an extradition hearing, you generally have the right to appeal that decision to a higher court.
• Right to bail – Bail is rarely granted in extradition cases, but you can request bail pending the outcome of the extradition process.

While limited, these rights are important to ensure the process doesn’t steamroll over you. Invoke your rights and don’t let authorities ignore them.

Potential Defenses Against Extradition

We’ve already covered some ways you can fight extradition above. Here are a few more specific defenses that your lawyer may be able to assert on your behalf:

• Statute of limitations has expired – If it’s been too long since the alleged crime, you can argue extradition is prohibited.
• You’ve already been tried for this – Double jeopardy! If you were already prosecuted for this offense, extradition may be barred.
• The acts are not illegal in NJ – If what you did was a crime in the other state but not in NJ, that may protect you against extradition.
• You’re less than 18 years old – Most states will not extradite juveniles.
• The case is politically motivated – If you can show the charges are politically driven, extradition may be denied on those grounds.

Again, a skilled lawyer can evaluate whether any of these defenses support fighting your extradition. The key is not to assume extradition is inevitable and give up. Make the state work for it!

Waiving Extradition

Sometimes it actually makes strategic sense to waive your extradition hearing and voluntarily consent to being sent to the other state. Why would you want to do that? Here are a few reasons:

• Speed up your release from jail – The sooner you get to the demanding state, the sooner you may be able to post bail and get out of custody.
• Quickly clear your name – If you believe you have a solid defense against the charges, waiving extradition can get you there sooner to fight them.
• Receive credit for accepting responsibility – Pleading guilty is not required, but courts may see your waiver as taking responsibility. That could help at sentencing.
• Avoid angering the judge – Contesting extradition when you know you will ultimately lose risks irritating the judge handling your case. That’s not smart.
• Take control of the process – Voluntarily waiving extradition puts you in the driver’s seat somewhat rather than being at the mercy of the process.

Your criminal defense attorney can discuss with you whether waiving extradition could be a prudent move in your specific case. It’s not for everyone, but could be beneficial in the right circumstances.

Bottom Line on Extradition

Being extradited sounds like a raw deal, but it doesn’t have to be an automatic loss. Understand your rights, explore possible defenses, and fight strategically. Having an experienced lawyer in your corner – one who specializes in extradition cases – can be crucial. Don’t take on the states of New Jersey and wherever else alone. Get skilled legal help to even the odds.

The extradition process has a lot of moving parts, but this article hopefully shed light on how it works and key issues to be aware of. Now you should have a solid grasp of New Jersey extradition laws and procedures. So take a deep breath, get a great lawyer on your side, and be ready to stand up for yourself! You got this.