There are many misconceptions about extraditions. State sanctioned extraditions versus bail recovery extradition. States and county jurisdictions operate on budgets. There is only a fixed revenue amount for yearly operations. Due in part to the financial restrictions many arrest warrants are not extraditable, or are limited in scope. Some warrants are limited to the state, others to contiguous states bordering the originating jurisdiction of the crime. Ajua Bail Bonds delves further into this below.
Felony Warrants
Only felonies are extraditable and require a governor’s extradition warrant. Though the governor can delegate this task, usually they are referred to the state’s attorney general’s office, who in turn issue the warrant under the governor’s authority. A felony warrant of arrest is issued by the county court. The prosecuting attorney then determines if the subject can be apprehended locally. If flight is suspected across state lines, a governor’s extradition warrant is sought. Part of the warrant dictates the scope of the extradition. Perhaps the extradition is limited to adjoining states, or perhaps a region, like the southwestern states. Unless the charges are of a violent nature, rape, murder or manslaughter and similar crimes the apprehension of the suspect is dependent upon the detention and arrest of an individual by the out of state jurisdiction. Many fugitives are apprehended incident to traffic violations, vagrancy investigations or domestic violence. The subject is checked through various systems, the FBI’s NCIC being the primary depository of criminal history and active warrant information. A ‘hit’ will determine procedure. In many jurisdictions a call is made to the originating agency and the warrant and extradition is confirmed. The suspect is incarcerated pending a local extradition hearing. The defendant can waive the hearing and the originating state can provide for pickup by an authorized agency for transport and custody or the originating court. Bail is set as to ‘No Bail’ or an amount. Considering that the suspect has already demonstrated a flight risk, many times there is no bail and he is held pending his hearing. A ‘No Bail’ warrant in effect asks the arresting jurisdiction to hold the suspect granting no bail until a hearing.
Local Arrest Warrant VS Governors Warrant of Extradition
Seldom does the originating jurisdiction actively pursue the individual beyond local areas. Escape from custody and violent criminal acts are actively pursued. So the procedure produces two warrants of arrest, the local arrest warrant for the crime and the governor’s warrant of extradition. In the case of a ‘no show’ a warrant issued by the court, the prosecuting attorney determines if extradition is warranted. The District Attorney may delay extradition pending action by the bail bondsman. The suspect usually forfeits bail and the bondsman has to pay it. To recover the bond, the bail agent issues a request to a bond enforcement and recovery agent to seek out the fugitive and extradite if necessary and return him to the custody of original jurisdiction. Generally a bond agreement includes a waiver of extradition clause, allowing the recovery agent to take the subject into custody and transport him across state lines. On producing the defendant, the bondsman is usually awarded a return of the bond.
Bail Bond Services in Clovis, Reedley, Sanger, Selma, Atwater, Los Banos, Merced, Visalia, Porterville, Tulare, Hanford, Corcoran, Lemoore & Greater Fresno, CA
Due in part to financial restrictions and the nature of the crime, extradition can be limited to the state of jurisdiction. It just isn’t feasible to extradite every case. Budget depletion could hamper prosecutorial efforts is case of incidents involving a clear danger to public at large. It’s unsettling for the victim, but the reality is that budget restrictions are a constant concern for criminal justice agencies. If you or a loved one needs bail, call Ajua Bail Bonds today!