Cross state extradition, civil contempt

[Dalton777]

What are the rules for cross-state extradition if a judge in NC rules a defendant in NY is to be incarcerated for civil contempt? (Judge repeatedly warned about incarceration, so this appears likely at this point. It is looking like this will be criminal indirect contempt, in a civil trial.)

Do they hold them in the defendant's state (NY), or drag them to the court's state (NC)? This is a US Federal civil case.

 

[quincy]

New York can arrest and hold the defendant for extradition to North Carolina.

 

[Dalton777]

Who pays the costs for the extradition (flight, etc)? The defendant?

 

[quincy]

The state requesting extradition.

 

[Dalton777]

Thank you

 

[quincy]

Although it will be the state that initially pays, the court can order the defendant to repay costs of transportation and even the wages of the law enforcement officials accompanying the defendant.

I appreciate the thanks so thank you.

 

[LdiJ]

While what has been told to you is accurate, states generally will not extradite for civil contempt (or even criminal contempt for that matter). In addition, NY is not going to chase after someone who has a warrant for civil contempt. They will arrest them if they have contact with them for some reason or another, but they won't go looking for them. However if the state originating the order declines to extradite, then they will be released.

So, if you were hoping that someone would end up in jail for contempt, don't hold your breath as long as they are in another state.

 

[quincy]

While what has been told to you is accurate, states generally will not extradite for civil contempt (or even criminal contempt for that matter). In addition, NY is not going to chase after someone who has a warrant for civil contempt. They will arrest them if they have contact with them for some reason or another, but they won't go looking for them. However if the state originating the order declines to extradite, then they will be released.

So, if you were hoping that someone would end up in jail for contempt, don't hold your breath as long as they are in another state.

A lot of factors go into whether a state will demand extradition.

The location of the states involved matter. The reason for the contempt matters. If there is more than one defendant to retrieve from a state, that can make a difference.

And all the while, a defendant can sit in jail while a state debates whether to extradite or not.

 

[LdiJ]

A lot of factors go into whether a state will demand extradition.

The location of the states involved matter. The reason for the contempt matters. If there is more than one defendant to retrieve from a state, that can make a difference.

And all the while, a defendant can sit in jail while a state debates whether to extradite or not.

Actually, now that I have re-read the original post again its possible that we are all wrong. I missed the first time I read it that its a federal case. Therefore a state would not be involved at all in deciding whether or not to extradite, and extradition might not even be necessary.

I searched briefly and could only find rules relevant to international extradition as far as the feds are concerned.

 

[quincy]

Your research did not go far enough.

Try https://www.justice.gov/jm/jm-9-39000-contempt-court

 

[LdiJ]

Your research did not go far enough.

Try https://www.justice.gov/jm/jm-9-39000-contempt-court

Tell me where in that long list of items is are the rules for federal extradition (other than international) and I will be happy to look at it. However, I do not have ours to spend reading every one of those to look for it.

 

[quincy]

Tell me where in that long list of items is are the rules for federal extradition (other than international) and I will be happy to look at it. However, I do not have ours to spend reading every one of those to look for it.

You can choose to do the reading or not. The information is there.

I answered the question asked by Dalton. Try not to confuse matters with your own confusion.

 

[LdiJ]

You can choose to do the reading or not. The information is there.

I answered the question asked by Dalton. Try not to confuse matters with your own confusion.

You did not answer the question asked by Dalton, because you did not pick up that it was a federal case and therefore no state would be making any decisions about extradition. Therefore, Dalton has not received an accurate answer from anyone. If the answer to the question is contained on that site,

 

[quincy]

Please READ THE LAW. You are the only one who is confusing matters with your reluctance to read and learn.

Dalton’s question was answered.

If YOU do not know the answer to a question, don’t respond until you do. If Dalton needs additional direction, I will be happy to provide it to him.

 

[Litigator22]

. . . I answered the question asked by Dalton. (?)

Let's see now . . . When seeking advice as to whether or not a person can be arrested in one state and transported to a sister state for the purpose of answering charges of criminal contempt pending in a federal district court of the sister state the following information will be helpful: (Some paraphrasing and emphasis added)

(1) "A lot of factors go into whether a STATE will demand extradition."

(2) "The location of the STATES involved matters"

(3) "If there are multiple defendants to be retrieved from a STATE (matters.)"

(4) "The defendant can sit in jail while a STATE debates whether to extradite or not."
____________________________________________________

"The longer I live the more I see I am never wrong about anything and that all the pains I've humbly taken to justify my notions have only wasted my time." (George Bernard Shaw 1856-1950)

Pardon me for mentioning it, but you and the renowned Irish playwright appear to differ somewhat in the suffering of such pains!