The Extradition Process in Indiana

Posted on October 3, 2016
  • Criminal Defense

    • What is Extradition?

    If you are accused of a crime and decide to flee over state lines, you could be forced to go back to the state in which your charges originate and face them. This process of sending you back is known as “extradition” and you may be forced to go through it depending on your charges.

    Extradition is not a super common process, particularly because the state in which you have been charged must be the one to pay for your transport. Because this can be expensive, most states will not pay to transport someone accused of a minor crime, such as a misdemeanor or low-level felony offense. However, if you are accused of a serious crime, like a felony drug offense or violent crime, you will likely be extradited back.

    The Extradition Process in Indiana

    Extradition begins when the state in which the initial crime occurred files a warrant for the defendant’s arrest. This enables the state in which the warrant was served permission to actively seek out the accused individual. Should they be found and arrested, the defendant must be told why they are being detained and be informed they have the right to counsel.

    Before being extradited, the defendant will undergo a hearing as part of their Constitutional right to due process. It is here that they will respond to this request for extradition.

    Waive Right to Extradition

    If they waive their right to challenge the extradition, they will be required to wait up to 30 days to find out if the initially-serving state will pay for the extradition process. While it’s strongly advised you speak with a lawyer to find out for sure, it’s suggested that you do not refuse the extradition, as you can be held for 90 days that do not count towards any sentence you may be given at your original state. Likewise, even if your state does not come to get you, you can easily be re-arrested and have your entire process start over.

    It’s usually best just to take care of your charges quickly, which is why lawyers will most frequently suggest that you waive your right to challenge your extradition, and then be taken back to your home state to deal with your charges more quickly.

    Need Assistance with Your Extradition Process?

    Get representation for your hearing and dealing with your charges after the extradition process. It is strongly advised you speak with a skilled Noblesville extradition lawyer. If you need legal assistance, trust your case to a Board Certified Criminal Law Specialist; the only two in the entire state of Indiana practice at our firm.