• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Criminal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

the plumber

Junior Member
It has been 5 yrs since I was arrested in NC, and then released on my own Recon. If I am stopped or arrested in South Carolina Can North Carolina extradite me back to face charges. And can I fight this extradition, if so how? Also what is (UCEA), what does this mean as far as extradition and does a person have rights. It seems that SC and Missouri, have not adapted (UCEA) and why did they elect not to do so? Please respond to this question with the best answer and advice weather I should fight extradition or just go back willingly. Thank you
 


I_Got_Banned

Senior Member
It has been 5 yrs since I was arrested in NC, and then released on my own Recon. If I am stopped or arrested in South Carolina Can North Carolina extradite me back to face charges. And can I fight this extradition, if so how?
It depends on why you were arrested, the conditions of your OR release, what charges were filed and the level/type of warrant that is pending in your case... etc!

Also what is (UCEA), what does this mean as far as extradition and does a person have rights.
EVERY state has adopted certain provisions of the UCEA (Uniform Criminal Extradition Act). The Act, outlines certain provisions under which one state can demand turning over certain criminals from another state. The conditions under which such a demand can be made will also depend on the matters I mentioned above.

You are entitled to an extradition hearing and to representation by an attorney, and yes, you can fight extradition but again, whether you succeed or not depends... But guess what, until a decision is made by the state that issued the warrant, you are and will be locked up!

Please respond to this question with the best answer and advice weather I should fight extradition or just go back willingly. Thank you
A "best answer" will require more information. Otherwise you can consult with an attorney who is local to the jurisdiction where this case is pending, since s/he would be more familiar with the court's rules and procedures.

As to whether you should go back willingly, why would you even consider staying on the run knowing full well that the charges and the warrant are not going away at any point in time until you surrender or are captured, and that the latter will eventually catch up with you regardless of which state you are in and when you least expect it?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top