How long is the arm of State law for two felonies?

[LeeHarveyBlotto]

Bottom line, not showing up isn't an option. He WILL be arrested and he WILL be returned to PA for trial. He'll just have a new roommate.

 

[CdwJava]

Thanks for the response, but it doesn't work that way, from what I know.

Then you know wrong.

If a warrant is issued for a person out of state, the governer of the state in which the warrant is issued must petition the governer of the other state to execute it. It's not a phone call.

You're right - it's easier than that.

The court will issue an arrest warrant when he fails to appear and the warrant will be entered into NCIC. If the court wishes to extradite, then the local agency where he lives might be notified. Even if not notified, they will arrest him on the warrant if they have cause to contact him. At that point, he can choose to fight the extradition and wait for the governor's warrant to come down. Extradition occurs in 99.9% of cases, so all he would do would be to prolong the inevitable.

In the meantime, becoming a fugitive could result in a license suspension, loss of decent jobs or offers, lack of access to government supported loans and aid (student loans, housing loans, welfare, public assistance, social security, etc.), and can result in numerous police contacts even if the issuing state does NOT want extradition. He may be picked up and held for a time while they try to confirm extradition.

It can be a royal pain. But, it IS his call.

Oh, and warrants do not expire - they continue until served or withdrawn by the issuing agency. In other words, it will remain forever.

Specifically, that's what I'm asking. Who has the jurisdiction, and who has arrest authority?

Any agency can arrest based upon the arrest warrant.

- Carl

 

[kiddj2]

Again, thanks for clearing up some of the issue. And, I know it sounds cliche, but you referenced "you" assuming I am the one involved. As stated, I am not directly, this is a friend. However, for the purpose of this discussion, that probably doesn't matter.

I believe the discussion was sidetracked because of the ambiguity of how the issue would be handled: That is why I made the original post. Responses assuming how something works are not the same as from those who know how the process works. I do appreciate all comments and suggestions, even if they may be incorrect.

While this forum is called "Free Advice", you do get what you paid for.

By no means is his lawyer advocating that he flee, nor am I.

Start of rant: His lawyer IS incompetent, but not from that advice. But for many many other reasons. I saw a post on here in another thread from someone saying the "the system rewards those who co-operate." I submit that anyone making that claim has never been through the system.

 

[CdwJava]

That may be the case in most instances. The point is that the OP was correct that it is not as simple as a phone call. Governors (or their offices) do get involved.

Actually, the governor may never see the issue - his representative will. These things happen every day and are virtually automatic. The only times the waters tend to get muddied tends to be when the state where he was arrested ALSO has pending charges against the defendant. in those cases, they have to come to some sort of arrangement.

While I am sure that there are instances of denied extradition, I cannot recall ever hearing of one first hand and I have been at this - and involved in that particular process a few times - for 18 years.

- Carl

 

[CameronNewport]

Incorrect. It is that simple to place him under arrest, which was the OP's question. Then comes extradition, which is a process that must run its course as you say, but 999,999 times out of a million, it WILL run it's course.

If a warrant were issued from another state, it's true that the police could arrest the fugitive even if a formal extradition process has not yet begun (the state where the warrant was issued may not even know which state the fugitive is in, so clearly extradition proceedings would not have begun). However, in order to hold the fugitive, and eventually ship him back to the demanding state, then the procedures I outlined would need to be followed.

This...

The court in PA will call your local police of sheriff's office who will arrest your roommate and arrangements will be made to transport him back to where he's on trial.

...gives a false impression of how it works.

 

[CdwJava]

Interstate extradition
The Extradition of Fugatives Clause in the Constitution requires States, upon demand of another State, deliver a fugitive of justice who has committed a "treason, felony or other crime" to be removed to the State from which the fugitive has fled. 18 U.S.C. § 3182 sets the process by which an executive of a state, district or territory of the United States must arrest and turn over a fugitive from another state, district or territory.

In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires:

An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, and
Such document must charge the fugitive demanded with having committed treason, felony, or other crime, and
Such document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.
An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released.
Cases of kidnapping by a parent to another state would be automatic involvement by the US Marshalls department.​

Note that the warrant entered into NCIC can start this ball rolling. If the defendant does NOT waive extradition, then the above process starts. It can often take 30-90 days depending on the issues and priorities, and bail is usually not permitted. In my county we have inmates awaiting extradition to other states that have been there for more than two months ... most now regret that decision because they could have bailed out already in their home state.

I believe the issuing agency has 10 days in order to express intent to extradite the defendant. If extradition is waived, then the formal process begins ... and ends some time later almost always with the defendant being transported to the state that issued the warrant.

- Carl

 

[LeeHarveyBlotto]

...gives a false impression of how it works.

Don't see how. It's really this simple:

1. He doesn't show up for court.
2. A warrant is issued.
3. A phone call is made to the Bumfark, Ohio police or the Sheriff's office in Bumfark County.
4. Roommate goes to jail.
5. Whether hours, days, weeks, or months (likely days), roommate is transported to his new home for the duration of the legal proceedings. The amount of time this takes and the process will vary depending on whether he fight extradition. The outcome will not.

 

[CameronNewport]

Actually, the governor may never see the issue - his representative will.

Zigner pointed that out, which I agreed with. The governor himself may not be involved, though his office is.

While I am sure that there are instances of denied extradition, I cannot recall ever hearing of one first hand and I have been at this - and involved in that particular process a few times - for 18 years.

There are some famous examples (famous probably because it is rare and usually involves cases of perceived injustice). For example, Michigan has done so at least a couple of times. Google Phillip Chance and Lester Stiggers.

 

[CdwJava]

Don't see how. It's really this simple:

1. He doesn't show up for court.
2. A warrant is issued.
3. A phone call is made to the Bumfark, Ohio police or the Sheriff's office in Bumfark County.
4. Roommate goes to jail.
5. Whether hours, days, weeks, or months (likely days), roommate is transported to his new home for the duration of the legal proceedings.

And, that actually DOES happen. I've made the call before, and I have received the call before. We arrest 'em and then let the assorted DAs sort it out.

- Carl

 

[CameronNewport]

Interstate extradition
In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires:

An executive authority [i.e. governor] demand of the jurisdiction to which a person that is a fugitive from justice has fled.
The requesting executive [i.e. governor] must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory [i.e. warrant], and
Such document must charge the fugitive demanded with having committed treason, felony, or other crime, and
Such document [i.e. warrant] must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
The executive [i.e. governor] receiving the request must then cause the fugitive to be arrested and secured [i.e. with a warrant], and notify the requesting executive authority or agent to receive the fugitive.
An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released.
​

I think what I wrote is pretty much an outline of the above.​

 

[CdwJava]

There are some famous examples (famous probably because it is rare and usually involves cases of perceived injustice). For example, Michigan has done so at least a couple of times. Google Phillip Chance and Lester Stiggers.

The 6th Circuit reversed Michigan's asylum and ordered Chance be returned to Alabama in 1996.

And Stiggers' case was in 1971 when he made a reasonable argument that he would be killed if he returned to an Arkansas prison ... even the governor of Arkansas at the time reluctantly agreed that there were problems there.

These are hardly indicative of the OP's roommmate's case, however. He's just frustrated - not something that will compel a governor to protect him.

- Carl

 

[CdwJava]

I think what I wrote is pretty much an outline of the above.

Never said it was not the way it was done ... this is just the formal outline.

- carl

 

[CameronNewport]

1

The court in PA will call your local police of sheriff's office who will arrest your roommate and arrangements will be made to transport him back to where he's on trial.

2

Don't see how. It's really this simple:

1. He doesn't show up for court.
2. A warrant is issued.
3. A phone call is made to the Bumfark, Ohio police or the Sheriff's office in Bumfark County.
4. Roommate goes to jail.
5. Whether hours, days, weeks, or months (likely days), roommate is transported to his new home for the duration of the legal proceedings. The amount of time this takes and the process will vary depending on whether he fight extradition. The outcome will not.

Maybe it's just me, but your first quote does not convey what you wrote in your second quote. I apologize if others see it differently.

 

[Zigner]

Sheesh Cameron - ok, maybe someone doesn't actually pick up the phone...it's more like a computer entry now-a-days. The effect is the same.
You are "arguing" something that is barely correct. The simple point is that the OP CANNOT hide from this just by being in another state.

 

[LeeHarveyBlotto]

Maybe it's just me

Seems to be. Feel free to pick more nits if you're so inclined, I'm done with this one.