By their very nature, extradition cases involve multiple law enforcement agencies, court hearings, and defendants whom the law views as fugitives of justice.
But extradition is also a legal process in which the defendant has rights, and the State must follow Ohio extradition laws.
What Does Extradition Mean?
When one state’s legal system returns a person (aka a fugitive) to the state where they committed a crime, the process is called extradition.
Extradition can also apply to an individual who:
- Escaped from incarceration
- Violated probation
- Violated parole
Applicable laws in each state delineate the specifics of their extradition laws.
Does Ohio Extradite?
Yes, the State of Ohio does extradite. The Ohio judicial system refers to extradition as the law of arrest and deliverance of fugitives from justice.
The Ohio extradition radius is nationwide. As stated in the statute, the Ohio governor will call for a fugitive to be arrested and delivered to any other state’s appropriate authority.
Under What Circumstances Will Ohio Extradite a Person?
Here also, the law is broad. Ohio extradition laws support extraditing any person who has fled from justice in another state and is now in Ohio.
It clearly states that Ohio will extradite if the other state charged the person with:
- A felony
- Another crime
Ohio is not a “run for cover” state. Meaning, that if someone flees another state after law enforcement charges them with a crime, Ohio will not help or protect them. Instead, law enforcement in Ohio will work with other state authorities to find and return the person to the other state to face charges.
What Are the Defenses to Extradition?
You may be innocent of all charges you are facing in another state. Unfortunately, that fact does not impact extradition.
However, a skilled defense attorney may be able to fight your extradition for one of these reasons:
- The extradition request documents are not legally correct;
- A person accused you of a crime in another state, but the legal system did not charge you with a crime;
- The extradition request does not name you.
There are legal technicalities and case-specific circumstances that a defense attorney should address before the court can extradite you. Your chance of fighting extradition successfully will be best if you hire highly experienced criminal defense attorneys. Extradition is a specific area of law that not all lawyers can address.
What Should I Do If I Am Facing Extradition?
The Extradition Clause of the United States Constitution and the Ohio extradition laws provide for the return of persons charged with a crime in one state who flee to another state. However, you also have every right to hire an attorney to fight extradition, and you should always do so. Even if you want to return to another state to face charges willingly, meet with an attorney before agreeing to the extradition.
Contact Gounaris Abboud, LPA for a Free Consultation
If you seek an experienced attorney in criminal defense, look no further than Gounaris Abboud, LPA. Our lawyers represent clients in Dayton and throughout Ohio. Turn your legal concerns over to us.
We will make sure that your rights are protected and fight fiercely for you in all criminal proceedings. You can reach us online or call us at (937) 222-1515 for a free case analysis.