When a warrant is issued for a person’s arrest because of a crime committed in Texas, then the offense must be prosecuted in Texas. If a person is not located within Texas, then they can be extradited back to Texas through the process of extradition.
The Law Offices of Richard C. McConathy helps clients being held out of state while awaiting extradition back to the State of Texas as a fugitive and people being held in Texas while awaiting extradition to another state. The court in the asylum state or the demanding state may grant a bond, and a criminal defense attorney will begin investigating possible defenses to present to a jury.
Extradition Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you or your loved one is dealing with extradition get yourself legal representation as soon as possible. The Law Offices of Richard C. McConathy represent clients in all kinds of extradition cases. Our firm will be able to work to help you achieve the most favorable possible outcome to your case.
Call (469) 304-3422 or contact the Law Offices of Richard C. McConathy today at for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas. We can then better understand the nature of your charges and also examine your possible defense options.
What is Extradition?
Extradition refers to the surrender by one state to another of a person charged with or convicted of a criminal offense outside its own territory and within the territorial jurisdiction of another. Texas usually notes on National Crime Information Center (NCIC) certain limitations on extradition such as EXTR ADJACENT STATES ONLY, EXTR WEST OF MISS ONLY, or EXTR WITHIN 1000 MILES ONLY.
Other warrants will not meet the Texas definition of extradition, as most misdemeanors are not eligible for extradition. EXL Codes used in Texas include:
- FULL EXTRADITION UNLESS OTHERWISE NOTED IN THE MIS FIELD
- LIMITED EXTRADITION SEE MIS FIELD
- EXTRADITION – SURROUNDING STATES ONLY
- NO EXTRADITION
- EXTRADITION ARRANGEMENTS PENDING SEE MIS FIELD
- PENDING EXTRADITION DETERMINATION
Extraditions in Texas are governed by the Uniform Criminal Extradition Act (UCEA), which is codified into Texas Law in Article 51.13 of the Texas Code of Criminal Procedure (TCCP). The UCEA provides that “it is the duty of the Governor of this State to have arrested and delivered up to the Executive Authority of any other State of the United States any person charged in that State with treason, felony, or other crime, who has fled from justice and is found in this State.”
For a magistrate to issue an arrest warrant or continue holding a person for extradition, the alleged offender needs to be charged on the oath of any credible person before any judge or magistrate of Texas or must have a complaint … made before any judge or magistrate by affidavit of any credible person in another state. For a magistrate to approve the warrant based on a complaint by affidavit, the complaint must state that a “crime has been committed in such other state and that the accused has been charged in such state with the commission of the crime, and except in cases arising under Section 6 [of the UCEA], has fled from justice, or with having been convicted of a crime in that State and having escaped from confinement, or having broken the terms of his bail, probation or parole and is believed to be in Texas.
When Texas is the Demanding State – Awaiting Extradition to Texas
If you or your loved one are being held in another state and awaiting extradition to Texas, your first priority will be hiring an attorney in the state where the warrant was issued. If an extradition occurs, a criminal defense lawyer will be needed in that jurisdiction to defend the case.
Even when extradition does not occur, a warrant generally remains outstanding until the person surrenders on the warrant. Even when released, a person could be arrested again and held for extradition.
In most cases, an attorney in the demanding state can talk with the prosecutor about agreeing to a lower bond. Alternatively, a court could also provide relief by allowing a person to be released in the asylum state so that they can return voluntarily to Texas to surrender on the warrant.
When Texas is the Asylum State – Awaiting Extradition to Another State
Certain time limits exist in extradition cases that prohibit people from being held in jail for longer than permitted by time limits. For instance, if a governor’s warrant was not formally issued and extradition was not waived, then a trial court is permitted to extend the incarceration for 30 days.
The court also has the discretion to extend the incarceration for another 60 days when a warrant has still not been issued. If a governor’s warrant is not produced within that time period, then the person must be released from custody.
Section 3 of Article 51.13 provides that no demand for the extradition of a person charged with a crime in another state will be recognized by the governor unless in writing, alleging, except in cases arising under Section 6, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state, and accompanied by a copy of an indictment found or by information supported by an affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit before a magistrate there, together with a copy of any warrant which issued thereupon; or by a copy of a judgment of conviction or of a sentence imposed in the execution thereof, together with a statement by the Executive Authority of the demanding State that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that State; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the Executive Authority making the demand; provided, however, that all such copies of the aforesaid instruments shall be in duplicate, one complete set of such instruments to be delivered to the defendant or to his attorney.
The United States Supreme Court held in Michigan v. Doran, 439 U.S. 282, 288-89 (1978), that “[a] governor’s grant of extradition is prima facie evidence that the constitutional and statutory requirements have been met.” It also held that “once the governor of the asylum state has acted on a requisition for extradition based on the demanding state’s judicial determination that probable cause existed, no further judicial inquiry may be had on that issue in the asylum state.”
When an extradition arrest is made pursuant to a governor’s warrant, the alleged offender can contest the extradition by filing a writ of habeas corpus. If an arrest is pursuant to a Texas magistrate’s warrant, then the alleged offender must be brought before the magistrate to answer the charge or complaint and affidavit a certified copy of sworn affidavit upon which warrant is issued shall be attached to warrant.
Collin County Extradition Resources
Public Resources | Collin County Sheriff’s Office | McKinney, TX — Visit this Collin County website to learn more about active warrants, sex offenders, and judicial court and case information. You can also find arrests and releases reports and scam alert forms. There are also various community resources and other resources.
Active Warrants Lookup – Collin County — Use the Collin County website to look up whether you have active warrants. Simply enter your first and last name. People should contact the Sheriff’s Office or constable precinct when they have concerns about a warrant.
5 questions you’ve been meaning to ask about interstate extraditions — Visit this article to learn more about what interstate extradition is, which crimes qualify for extraditions, and why we do not see extradition hearings more often. Also learn what you need to do to facilitate a waiver of extradition. You can also find information about information you can share with partner agencies and victims that could ease their concerns about being slated for extradition.
Extradition Law Training Course by the Texas Justice Court Training Center — View the website for the Texas Justice Court Training Center to learn more about the course providing training required for justices of the peace to hold extradition hearings. You can also learn how House Bill (HB) 1125 modified Chapter 53, Section 10 of the Code of Criminal Procedure. While judges of courts of record could only hold waivers of extradition hearings, Texas law now allows justices of the peace to hold extradition hearings if they are lawyers or if they have had training in extradition law through TJCTC.
Find A Collin County Attorney for Extradition Charges | Law Offices of Richard C. McConathy
If you are facing federal kidnapping charges in Collin County, make sure that you have legal representation. The Law Offices of Richard C. McConathy will know how to put forth the most aggressive defense against the charges so you can reduce or dismiss your criminal charges. Our firm will conduct a rigorous investigation to fully understand the case and will be able to identify the best path forward for you.
Contact the Law Offices of Richard C. McConathy today at (469) 304-3422 for a consultation about your alleged offense in Plano, Allen, Frisco, McKinney, TX, and surrounding areas of Collin County, Texas.