Legal Definitions - interstate extradition

Interstate extradition refers to the formal legal process by which a person accused of a crime, or who has been convicted of a crime and fled, in one U.S. state is surrendered by another U.S. state to face trial or punishment.

This process ensures that individuals cannot escape justice simply by crossing state lines. It involves one state (the "demanding state") formally requesting the return of an individual from another state (the "asylum state") where the person has been apprehended. The asylum state, upon verifying the validity of the request, will then transfer custody of the individual to the demanding state.

• Example 1: Facing New Charges

  A person commits a felony, such as grand theft auto, in Colorado and then flees to Utah. While in Utah, they are pulled over for a traffic violation, and a routine background check reveals an active arrest warrant from Colorado for the theft. Colorado would then initiate the interstate extradition process, formally requesting Utah to surrender the individual so they can be transported back to Colorado to face the grand theft auto charges.

  This illustrates interstate extradition because Colorado, the state where the crime was committed, is requesting the return of an accused individual from Utah, another U.S. state, to prosecute them for the alleged offense.

• Example 2: Violating Terms of Release

  An individual is convicted of embezzlement in Georgia and is released on probation with specific conditions, including regular check-ins with a probation officer. Without permission, they move to North Carolina and stop reporting. When Georgia learns of the violation and the individual's location, they issue a warrant for the probation violation. Georgia would then seek interstate extradition from North Carolina to have the individual returned to face consequences for breaching their probation terms.

  This example demonstrates interstate extradition as Georgia, the state that imposed the original sentence and probation, is requesting the return of an individual from North Carolina to address a violation of their court-ordered release conditions.

• Example 3: Escaped Convict

  A person serving a sentence for aggravated assault in an Ohio state prison escapes and manages to live undetected in Michigan for several years under an assumed identity. Eventually, law enforcement in Michigan identifies and apprehends them. Ohio would then begin the interstate extradition process to have the individual returned to their custody to complete their original prison sentence.

  This scenario highlights interstate extradition because Ohio, the state where the individual was convicted and sentenced, is formally requesting Michigan to surrender the escaped convict so they can be brought back to serve the remainder of their sentence.