Does Arizona extradite?

Extradition allows a state to demand the return of a fugitive located in another state. The process is vital for maintaining law enforcement across state lines. If someone is charged with a crime in Arizona and flees to another state, Arizona can request that the individual be returned to face charges or serve a sentence. 

Conversely, if a person commits a crime in another state and is found in Arizona, that state can request extradition. If you are facing extradition, an experienced criminal defense attorney in Arizona can fight the extradition request. 

Arizona’s Extradition Laws

Arizona has adopted the Uniform Criminal Extradition Act (UCEA) under Arizona Revised Statutes (A.R.S.) §§ 13-3841 to 13-3870. The UCEA provides guidelines for handling requests for extradition to and from Arizona. 

Key provisions of the UCEA in Arizona

• Demand for Extradition: A state seeking to extradite an individual from Arizona must submit a formal request, supported by legal documentation such as an arrest warrant or an indictment.
• Governor’s Role: Extradition requests are usually handled by the governors of both states. Arizona’s governor reviews the demand for extradition and issues a warrant if the request is valid.
• Legal Representation: The person subject to extradition has the right to legal counsel and may challenge the extradition process in court.
• Time Limits: After a person is arrested for extradition, the requesting state typically has 30 days to retrieve the individual, though extensions may be granted.

Grounds for Extradition Under A.R.S. § 13-3842 

Arizona law outlines the specific criteria for extradition, including:

• If the person has fled from justice after committing a crime in another state.
• If the individual is charged with or convicted of a crime in another state and has escaped custody.
• If the person has been accused of a crime and the other state has issued a warrant for their arrest.

Does Arizona Extradite for All Crimes?

Arizona will generally extradite individuals for most crimes, including felonies and misdemeanors, if the requesting state provides proper documentation. However, extradition is more common in felony cases due to the seriousness of the charges and the resources involved in the process.

Felonies

Felonies are the most common basis for extradition requests. This includes serious offenses like murder, rape, armed robbery, drug trafficking, and aggravated assault.

Misdemeanors

While misdemeanors are less frequently the subject of extradition requests, they can still be grounds for extradition if the charges are significant or if the individual is a repeat offender.

Failure to Appear and Probation Violations

Extradition requests are often made for individuals who fail to appear for a court date or who violate probation or parole conditions. Arizona will extradite those who flee to avoid legal consequences.

The Extradition Process in Arizona

When Arizona is either the requesting or receiving state in an extradition-related criminal case, a specific legal process is followed.

Issuance of a Warrant

If a person has fled Arizona to another state, the first step is for Arizona to issue an extradition warrant. This is initiated after law enforcement or the prosecutor’s office verifies that the individual is wanted for prosecution or to serve a sentence.

Request to the Governor

In Arizona, the governor’s office submits a formal extradition request to the governor of the state where the individual is located. This request must include:

• A copy of the indictment or arrest warrant.
• An affidavit stating the facts of the case.
• Proof of the individual’s identity and the nature of the crime.

Arrest and Hearing

The individual will be arrested in the state where they are found. They will then be held while the governor of the asylum state reviews the extradition request. The arrested individual has the right to an extradition hearing where they can challenge the request.

Waiving or Contesting Extradition

The person can waive extradition, meaning they agree to return to Arizona voluntarily, or they can contest the extradition in court. Contesting the process may involve questioning whether the correct procedures were followed or arguing that the individual is not the person named in the request.

Return to Arizona

If the extradition is approved, the individual will be transported back to Arizona by law enforcement officials, typically within 30 days of the governor’s warrant.

Can Arizona Refuse to Extradite?

While Arizona generally honors extradition requests from other states, there are circumstances where extradition may be refused. For example, if the documentation provided by the requesting state is insufficient or does not meet the legal requirements, Arizona may decline to extradite the individual. Moreover, the person may be able to avoid extradition by proving that their identity was mistaken, or the underlying charges are invalid.

Defense Strategies for Fighting Extradition in Arizona

Challenging the Warrant

A Phoenix criminal defense attorney can fight extradition because the warrant for interstate extradition is defective or invalid. This could involve questioning whether:

• The warrant is properly issued: Mistakes in paperwork or procedural errors could invalidate the warrant.
• Probable cause exists: If there is no legitimate reason or insufficient evidence linking the individual to the crime, the warrant can be challenged.
• Jurisdictional issues: An attorney may challenge whether the jurisdiction seeking extradition has the legal right to pursue charges.

Addressing Legal Missteps

Throughout the extradition process, the defense can identify procedural errors or violations of the individual’s rights. Common issues include:

• Due process violations: If the individual was not provided with proper notice or a hearing, this can be grounds for challenging extradition proceedings.
• Statute of limitations: If the statute of limitations for the alleged crime has expired, extradition may no longer be valid.
• Extradition Treaty violations: In international extradition cases, if the extradition treaties do not cover the alleged offense or if legal requirements under the treaty were not followed, extradition can be contested.

Get Strong Legal Representation from Our Proven Arizona Extradition Lawyers 

If you or a loved one is facing extradition, the stakes are high, and you need a skilled criminal defense attorney on your side. At the Law Office of Hernandez & Hamilton, PC, our experienced Arizona extradition attorneys have over 90 years of combined experience defending clients in state and federal courts. We know the complexities of Arizona extradition laws and will fight tirelessly to protect your rights and freedom. Contact us today to start building your defense. To schedule your free consultation, call us 24/7 at 520-882-8823 or contact us online.