How to Request a Criminal Extradition

Extradition is the surrender of a fugitive or prisoner by one jurisdiction for criminal prosecution or for service of a criminal sentence in another jurisdiction. General extradition guidelines are found in the Uniform Criminal Extradition Act, which has been adopted by most states. The following steps provide guidance on how to request a criminal extradition.

Instructions

Difficulty: Moderately Challenging

1. Tell it to the governor. Generally, the governor of one state makes an official request for criminal extradition of the governor of another state.
2. Put it in writing. A request for criminal extradition must be in writing. It must contain an allegation that the person sought was present in the requesting state at the time the crime was allegedly committed and that the person subsequently fled the state.
3. Attach a copy of the charging document or indictment. A request for criminal extradition must contain proof of an accusation charging the accused with having committed a crime under the law of the demanding state. The copy of the charging document, complaint, affidavit or indictment must be authenticated by the governor or executive authority making the demand.
4. Include a copy of the judgment of conviction in the case of escape. If you are seeking criminal extradition of someone who has escaped from custody or jail, you need to attach a copy of the judgment or sentence and a statement by the governor or executive authority of the demanding state that the person sought has escaped from custody or has broken the terms of bail, parole or probation.

Tips & Warnings

• You should consult an experienced criminal law attorney if you have any questions regarding how to request a criminal extradition.