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Everything You Need to Know about New Jersey Rules of Extradition

Extradition laws allow the government to transfer a criminal suspect fleeing justice in one state to face charges in another. This means that someone charged with a crime in one state may be arrested in another state and subsequently extradited to the original jurisdiction where the criminal charges were filed. The complexities of the governing laws on extradition and the inner-workings of the extradition process to and from New Jersey are vast. Learning how these rules apply to your unique situation is paramount when you find yourself with a criminal case in New Jersey or elsewhere, the result of which is you facing extradition out of NJ, or into NJ from another state.

Governing Rules on Extradition in NJ

New Jersey’s extradition laws deter criminals from escaping criminal consequences by fleeing. New Jersey’s extradition laws are contained in N.J.S.A. 2A:160-6 et seq., the state court rules in 3:26-1, and the Attorney General’s framework guiding prosecutors. These laws, rules, and guidelines work with federal regulations to facilitate extradition.

Basics of the Uniform Criminal Extradition Act (UCEA)

According to the Uniform Criminal Extradition Act, a valid extradition request follows from criminal charges in New Jersey as verified through official documents for arrest or indictment. However, a crime in New Jersey that is not a crime in the asylum state may not support extradition. When the crime is one New Jersey and the harboring state share, the latter will honor the extradition request supported by an arrest warrant, criminal complaint, or other charging document and affidavit. The requesting state bears extradition costs.

Who can be Extradited To or From New Jersey

After you commit a crime in New Jersey, do not confuse your distance from the crime scene with safety. Hiding out in another state far from New Jersey as a fugitive is not protection against the long arm of the law. In fact, you may be in for a surprise when law enforcement officers knock on your door one day. The government may extradite you to New Jersey to face criminal charges.

In other words, when the state charges someone with an indictable felony like robbery, manslaughter, aggravated assault, or forgery in New Jersey, running off to North Carolina will not help. New Jersey can request that North Carolina transfer the person to New Jersey for prosecution. Violating your NJ probation or violating parole may also lead to an extradition request to the state where you fled from New Jersey.

Extradition works reciprocally with other states and internationally in many cases. A state may extradite its residents incarcerated in New Jersey once they serve their sentence. Also, New Jersey may extradite you to another state if you are arrested in NJ on an out-of-state warrant.

How the Extradition Process Begins

The process begins with a request to the harboring or asylum state, which triggers the asylum state to arrest the accused with a New Jersey warrant. NJ regulations provide that extradition requests originate from the New Jersey Governor or Attorney General’s office and go to another state governor. The prosecutor’s office then works with the Attorney General’s office to complete the process. Also, New Jersey pays to transport the fugitive. However, extradition is not automatic. The state where the fugitive is arrested holds a hearing to decide whether to transfer them to New Jersey. According to the United States Supreme Court, a refusal must rest on compelling reasons, as a legitimate extradition request must be honored unless certain circumstances apply.

What Happens at an Extradition Hearing?

The extradition hearing occurs after the accused’s arrest, and the proceedings vary from state to state. The accused may raise defenses to extradition at the hearing, including flawed documents like the warrant and extradition papers. For example, the warrant may name the wrong person or the charging documents list crimes the accused did not commit. Lastly, the accused may argue that the state lacks probable cause to charge them with a crime. The hearing is mainly procedural to ensure the extradition request is proper. Thus, defenses rest on the propriety of the request. An unsuccessful defense could mean almost immediate extradition.

Why Would Someone Waive Extradition?

The accused may waive extradition, meaning they give up their right to a hearing to challenge the proceeding. After consulting with an attorney, a waiver may be appropriate when the accused has no defenses to the charges, or they want to get started on their defense as soon as possible, so a quicker resolution to the criminal case is preferable. However, only an attorney should help you make that decision.

Valid Defenses Against Extradition to New Jersey

You may be able to beat extradition after returning to New Jersey. A writ of habeas corpus allows a defendant to appear in a New Jersey court to challenge the extradition as defective. However, that is a challenging route. Once a state court determines extradition is proper, the accused must show a constitutional rights infringement to convince a New Jersey judge that the out-of-state court made a mistake or an error occurred after the hearing. That doesn’t mean that someone who has been extradited to NJ to face criminal charges cannot beat their case in court after the extradition occurs. In other words, successfully challenging a criminal case against you is not the same as challenging the extradition itself.

Interstate Extradition vs. International Extradition

While interstate extradition is an exchange most people are familiar with, other types of extradition occur on the state and federal levels. State extradition operates by state law, such as New Jersey’s Uniform Criminal Extradition Law, but international extradition rules operate by treaty. The United States has agreements with various countries to extradite fugitives who flee the country to avoid prosecution. Treaties embodying international agreements to transfer fugitives between countries apply in federal criminal extradition cases. In those cases, the federal government initiates extradition.

In federal extradition cases, the U.S. Constitution’s Extradition Clause and 18 U.S.C. 3182 govern interstate fugitive transfers, requiring states to cooperate in transferring those accused of crime to the state demanding their return. State law also applies to extradition cases.

Fleeing Does Not Automatically Protect Fugitives from Justice

In sum, if you commit a crime in New Jersey and flee to another state or country, New Jersey and federal law provide the laws and procedures for extradition. The Office of International Affairs or the State Department reaches out to an asylum country to request extradition, or the New Jersey Attorney General’s Office or the governor reaches out to an asylum state to get the process started. Then, may be subject to arrest, a hearing, and possible extradition to face charges.

If you are considering dodging criminal prosecution by fleeing, you might want to talk to an attorney first, as it is usually a means by which to worsen your situation. In the vast majority of scenarios, you have a better chance of resolving your criminal case more favorably when you do not run away.

Contact our Burlington County NJ Attorneys for Guidance in Your Extradition Case

If you are in the predicament of facing extradition, seeking guidance and aggressive representation from a criminal defense attorney who can assist you with challenging extradition or defending yourself against the charges is simply a must. Our seasoned team of criminal defense lawyers at Proetta, Oliver, & Fay is prepared to provide the critical insight you need when facing extradition from New Jersey to another state, or being extradited to New Jersey from somewhere else in America. It pays you back in spades to have skilled legal counsel guiding you each step of the way. We are here to address your particular questions and concerns, so do not hesitate to contact us at (609) 850-8284 for a free consultation anytime.