Protecting Your Rights Throughout Eastern Iowa Since 1981

What is extradition?

On Behalf of | Jan 4, 2023 | Criminal Defense

If officers arrest you on a warrant but you are in an area that is different from the one from where the warrant came, then you will have to go through extradition. A court that did not issue the warrant has no jurisdiction over the case, so you legally have to go back to the correct court.

Extradition is the process of moving from one jurisdiction to another. It can be a simple process, but you also may wish to fight it.

How it works

You will go before a court after your arrest, and the judge will let you know that the court will need to transfer you to another law enforcement agency. You can agree to the move, or you can choose to oppose it. If you do not consent, you are fighting extradition, and there will be further hearings to determine if the court can extradite you. Extraditing someone requires showing that there are legal grounds to move the person.

Foreign extradition

Extradition can become complicated if you are in a foreign country. Some countries do not have agreements with the United States to send back people who face a criminal accusation, and they may rule not to send you back. If you are in this type of situation, it can take years to resolve your case and determine if the foreign country will extradite you or let you go free.

Moving you to the court that has jurisdiction over the case is a requirement, and you will usually end up going to that court, even if you fight extradition.