What is extradition, and how can it affect criminal charges if a defendant is charged in two states?

Most people think of “extradition” as involving various countries. It also consists of controlling criminal cases between different states, such as New Jersey and New York.

Extradition is a law enforcement process that involves determining which location should have physical custody of the defendant to prosecute and punish him/her. Law enforcement includes the prosecuting attorney, the parole department, and the probation department. Extradition generally takes two forms at the state level. New Jersey may request that an out-of-state defendant be brought into New Jersey. Another state may ask that New Jersey transfer the defendant to the one seeking the defendant. Our Union County criminal lawyers represent individuals contesting either form of extradition.

Generally, New Jersey and other states handle extradition matters using a Uniform Extradition Law. Cases and charges are normally tried in the state where the criminal conduct took place. For example, if you are charged with driving while intoxicated on a Union County road, then New Jersey should hear your case.

Extradition cases are quite complicated. Some of the factors to review are:

• Is the charge a misdemeanor or a felony?
• When and where does the defendant have to appear?
• Can a local lawyer handle the case without the defendant being present?
• Is double jeopardy a concern?

Our experienced New Jersey criminal defense lawyers understand the complex legal and practical issues in this area of the law.