If law enforcement in a neighboring state suspects you of committing a crime, can they reach you if you currently live in Utah? What are your chances of being extradited?
Utah typically cooperates with states seeking extradition for suspects of crimes, especially violent offenses. Extradition is a legal process that starts with the demanding state sending a request to Utah. That request is then processed, the arrest warrant might be granted, and law enforcement can arrest the individual named in the extradition request. After this happens, our lawyers will have a chance to challenge the extradition demand’s validity, so do not hesitate to contact us after an arrest for an out-of-state crime.
For help with your case from our Salt Lake City criminal defense lawyers, call Overson & Bugden today at (801) 758-2287.
Can You Be Extradited from Utah for an Out-of-State Crime?
If a person commits a crime in a neighboring state and then flees to Utah, Utah may send the person back to face the justice system in the state where the crime was allegedly committed. This is done through the process of extradition, which our lawyers can help oversee and challenge if necessary.
Like many states, Utah will extradite those facing criminal charges upon request from other states in many cases. This is dictated by Utah Code § 70-30-2, which expressly states that the governor has a duty to arrest and deliver to another state anyone who has fled justice from that state for treason, felony, or another crime. If a neighboring state’s extradition demand documents are in order and individuals do not contest extradition with help from our lawyers, it might continue.
Utah is not the only state which takes extradition duties seriously. Suppose you are from another state, commit a crime in Utah, and then return home. Afterward, any officer in your state who runs a check on your license plate will see that you have an outstanding arrest warrant in Utah. Once the officer knows there’s a warrant out for your arrest, even if it is from another state, that officer has a legal obligation to bring you into custody. After that point, be held until Utah can extradite you.
It’s also important to understand that your arrest warrant will not go away unless it is recalled. Even if the statute of limitations has run out and the case is ultimately dismissed, you could still be arrested if the warrant is still out there.
Extradition can be a long and complicated process, one that defendants should not attempt to navigate alone, especially so soon after an arrest. Immediately contacting our Clearfield, UT criminal defense lawyers is important so we can promptly review the extradition demand and identify how to best challenge it or help with your case moving forward.
How Does Utah Approve Extradition Requests for Out-of-State Crimes?
In order for you to be extradited from Utah for an alleged out-of-state crime, a demand in writing must be sent to the governor containing the appropriate information and alleged facts pursuant to § 77-30-3. Without the necessary indictments, information, or affidavits, extradition requests can be denied, so our lawyers will carefully review these materials for any inaccuracies or missteps at the start of your case. The governor may further investigate any extradition demands from another state with help from the attorney general to determine if the individual should be surrendered, according to § 77-30-4.
Before you can be extradited to another state to be prosecuted for a crime you allegedly committed there, you must be seen by a judge in Utah, who will explain the extradition demand and the charged offense. According to § 77-30-10, this will be our main opportunity to review the extradition request and contest its legitimacy before you are potentially moved to another state’s jurisdiction.
Extradition requests are sent and evaluated based on, among other factors, the seriousness of the alleged offense, the possible sentence if convicted, uncompensated loss to victims, previous criminal convictions, the cost of the return, how long ago the offense was allegedly committed, and the local significance of the case.
It could take anywhere from days, weeks, or even months for extradition requests to be finalized and defendants moved to the states seeking extradition. Somewhat slowing down this process may benefit you, as rushing it along could leave you without time to prepare arguments against extradition.
Will You Be Extradited from Utah if You Are Facing Charges in Both States?
If a defendant is facing criminal charges in two states, including Utah, extradition can get complicated, as both states might want to prosecute the individual. In such circumstances, the defendant might be returned to Utah, where they reside, to face charges, after which point they will be extradited to the other state still waiting to prosecute them, according to § 77-30-5.
Suppose criminal prosecution is pending against a defendant in Utah when extradition is requested. In that case, the governor can choose to surrender the defendant to the state seeking extradition or hold them until their current case is concluded under § 77-30-19.
What Out-of-State Crimes Are Extraditable from Utah?
Generally, extradition is reserved for more serious and violent crimes, though states could also seek it for drug crimes and lesser offenses, so do not assume that being in Utah will protect you from prosecution or extradition by another state.
For example, while felonies are the main reasons for extraditions, states can make these demands of anyone who fled from justice in one state and was found in another. Extraditable crimes generally include murder, manslaughter, assault, rape, kidnapping, drug trafficking, burglary, and other major crimes. That doesn’t mean, however, that prosecutors cannot seek extradition for lesser offenses, even misdemeanors.
Can You Fight Extradition Requests for Out-of-State Crimes in Utah?
Our lawyers can challenge the legitimacy of an extradition request from another state by filing a writ of habeas corpus soon after your arrest and before you are removed from Utah. Missing this opportunity could result in your extradition completed as the other state’s prosecution intends, moving you into an entirely different jurisdiction and circumstances.
When granting extradition, Utah typically considers whether or not the demand forms are properly completed, whether the individual arrested is the one named in the demand, and if they are considered a fugitive from justice. Being you being the victim of mistaken identity could help us eliminate extradition requests quickly, as could legal errors in court documents and statutes of limitations expiring.
Being able to provide confirmation about your whereabouts at the time of the alleged crime and show that you were not present in the state that sent the extradition request could also enable you to stay in Utah, so our lawyers will immediately work to confirm any alibis on your behalf.
Simply not having enough evidence to support an extradition request could lead to Utah denying it, and our criminal defense attorneys can immediately read all documents sent with the demand to prepare to challenge the request. Accepting that extradition is inevitable could leave you in an unfamiliar place, facing serious charges, so contact our attorneys immediately after being arrested for an out-of-state crime in Utah.
Call Our Criminal Defense Attorneys in Utah Today
Get a free case review from our Lehi, UT criminal defense lawyers by calling call Overson & Bugden at (801) 758-2287.
