If you are wanted for criminal charges committed in another state, Arizona will generally transfer you and give custody to that state.
This process is known as interstate extradition, and these laws are governed by §13-3855 and §13-3857 of the A.R.S.
These statutes expressly provide that the other state has 90 days to pick you up.
If the state does not pick you up within the allotted time frame, you will be released.
You have the option to raise a legal challenge against extradition by requesting a Governor’s Warrant.
This warrant requires the Governor of the state filing charges to review all charges before sending the warrant and additional documentation to the Arizona Governor.
At this point, the Arizona Governor may decide to issue the Warrant for Extradition.
Once this Warrant is received, you can challenge the warrant by:
- Requesting an extradition hearing that challenges the extradition on the grounds of a mistaken identity.
If you are not the individual sought by the other state and your fingerprints do not match, then your release will be guaranteed.
- Challenging the extradition on factual grounds that make sure you have not been unlawfully detained.
An Arizona arrest based on an out-of-state arrest warrant can lead to incarceration even if you are innocent of the charges brought by another state.
This is why anyone facing interstate extradition needs an experienced Arizona extradition defense lawyer.
Contact Tyler Allen Law Firm today at 602-456-0545.