NJ Extradition Law

NJ Extradition Law: A Guide for Defendants and Attorneys

Extradition law in New Jersey can be quite complex for defendants and attorneys alike. This article provides an overview of key aspects of NJ extradition law, with a focus on the implications and options available for those facing extradition to or from the state.

Interstate Extradition in NJ

New Jersey follows the Uniform Criminal Extradition Act (N.J.S.A. 2A:160-1 et seq.), which governs interstate extradition — the transfer of fugitives from one state to another. Under this law, the governor of New Jersey can demand the arrest and return of someone who has fled NJ to avoid prosecution or escape custody.

The extradition process typically begins when prosecutors file a requisition demand with the governor’s office, outlining the charges and providing copies of the arrest warrant and supporting affidavits. If approved, the governor issues an arrest warrant that’s forwarded to officials where the person was last located. Local police will then arrest the individual as a fugitive from justice.

What are the options at this point? The arrestee can either challenge or waive extradition:

Challenging Extradition

Those who wish to fight extradition are entitled to petition for a habeas corpus hearing before a local judge. The scope of this hearing is very limited — the court can only review whether mandatory paperwork is facially valid. Arguments over guilt or innocence are not permitted at this stage.

If the extradition documents check out, the judge will approve the fugitive’s return to NJ. However, the hearing process can buy some time, between 30-90 days typically. Those released on bail may have the opportunity to continue challenging extradition through multiple cycles of arrest and habeas corpus review.

Waiving Extradition

Alternatively, the defendant can voluntarily waive extradition rights and expedite their return to NJ. Some may pursue this route if they:

• Recognize there are no viable defenses against the charges
• Wish to appear cooperative and earn favor with the court
• Want to start resolving the criminal case rather than remain in custody fighting extradition.

Waivers must be formally entered into the court record after the defendant has an opportunity to consult with legal counsel.

International Extradition Basics

The extradition process differs when transferring fugitives to or from foreign countries. International extradition is governed by federal law and treaties negotiated with individual nations. For countries without an extradition treaty, NJ prosecutors must seek deportation or abduction alternatives using federal agencies.

The Uniform Criminal Extradition Act — adopted by most states — authorizes governors to demand the return of fugitives who have fled America and are now abroad. Common treaty provisions allow nations to refuse extradition requests for political or military offenses. Many treaties also prohibit the requesting country from imposing the death penalty on extradited fugitives.

Key Defenses Against International Extradition

Individuals arrested overseas through the extradition process are entitled to a hearing in federal court prior to transfer back to the U.S. Key defenses raised by fugitives include:

The extradition documents are facially invalid – Attorneys may allege technical errors or omissions in the paperwork filed by NJ prosecutors seeking extradition from the Secretary of State.

No probable cause they committed the NJ crime – Extradition treaties normally require “dual criminality” — where the alleged fugitive conduct is criminalized in both countries. The defense can challenge whether facts show probable cause of a crime under NJ state statutes.

NJ is actually punishing them for a different crime – Some treaties prohibit extradition if the true motivation is to prosecute the person for political or military offenses. The fugitive may allege the charges are a pretext for such impermissible purposes.

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 under federal law and applicable treaties.

Consulting an Experienced Criminal Defense Lawyer

As shown above, extradition law contains nuances someone shouldn’t navigate alone. The attorneys at The Law Offices of Jonathan F. Marshall have over sixty years of criminal litigation expertise in New Jersey courts. They are available 24/7 to address extradition issues and identify any potential defenses or options given the circumstances.

Whether you are facing extradition from another state or country, it pays to have skilled legal counsel guiding you each step of the way. Please call 855-450-8310 for a free case review, or contact us online to arrange an immediate consultation. The defense team is standing by to help around the clock.