Returning to the Scene of the Crime

Q: Prosecutors often “seek extradition, implying that they want to bring someone from
one state to another. But, when a criminal “waives” extradition, he is sent from
one state to the other. Just what is meant by the term “extradition”?

A: Extradition basically means that there is a criminal that has been detained in one jurisdiction, but another jurisdiction gets him first because that state already called “dibs.”

Suppose Jim Bob commits a crime in WV. He is caught, but before he goes to trial, he manages to escape to NJ. But, Jim Bob unwisely decides break into the Hoboken chief of police’s house, only to be caught and arrested. When they check his record, they discover that he has an outstanding warrant for his arrest. After NJ notifies Gov. Manchin via the WV attorney general’s office, the governor issues a “Governor’s Warrant” and extradition procedures are initiated.

Jim Bob is brought to a court in NJ and told that Gov. Manchin wants to try him for his crimes in WV. Jim Bob has two choices: he can waive extradition or he can demand the powers that be prove he is the Jim Bob named in the Gov. Manchin’s warrant.

If he waives extradition, he is basically admitting, “Yep. That’s me. Ya’ got me sheriff!” The judge reads him his rights, provides a waiver form for him to sign. And then he is put in the pokey until a WV patrolman pops over to NJ to procure the perp.

But, if he chooses not to waive extradition, then lawyers from the WV attorney general’s office coordinate with lawyers from the attorney general’s office of NJ in an effort to prove that the Jim Bob sitting in that NJ courtroom is the one and the same Jim Bob wanted for trial in WV. In other words, they are seeking extradition. After this lengthy, lengthy process proves Jim Bob is, in fact, Jim Bob, ol’ JB is consigned to the county clink until a WV constable can collect the crook.

(Dear Sidebar: Abate the alliteration already. Signed, The WV Word Watchers.)

Whether he waives or is extradited, Jim Bob will be tried in WV first and, after extradition proceedings are done in reverse, he is sent back to NJ to face his charges there. Now you can see that extradition can contemplate bringing or sending. In other words, extradition can be sought or be sent.

Do not miss the importance of extradition. If it were not in place, one criminal could be picked up and sent to trial across the country for another’s crime(s). The extradition process is a safeguard built into our republican democracy that ensures that the right wrongdoer is being tried for the correct mistake.

Copyright: Jeremiah G. Dys, Esq. May not be used absent express, written permission. Please contact the author for permission to reprint.