Bond for Extradition in Michigan
Arrested in Michigan and facing extradition to another state? Most people, even lawyers and judges, do not know that Michigan law provides for a bond so that the defendant can be released from jail.
Arrested in Michigan on a Warrant from Another State
People are regularly arrested in Michigan for warrants issued in other states. These individuals are unnecessarily kept in custody and forcibly transported across the country more frequently than not. Very few lawyers have the knowledge and expertise to convince a Michigan judge to order a reasonable bond on an extradition case.
Arrests on out-of-state warrants can happen in a variety of ways. In some cases, a person may come to the police’s attention by happenstance, for example, during a traffic stop. In other cases, law enforcement seeks out an alleged absconder and takes them into custody. Although a state may seek extradition for any felony offense, some officers will exercise discretion and not extradite for a minor felony charge. In most cases, the extradition process begins when a person is arrested and taken into custody. Without a retained lawyer, judges infrequently grant a bond for extradition.
What is Extradition?
The Extradition Clause in the U.S. Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a felony to the state from which the fugitive has fled. The UCEA (Uniform Criminal Extradition Act) allows the arrest of a fugitive accused of a crime in another state. The crime must have a possible punishment of at least one year in jail.
The Extradition Process – A Basic Explanation
If a person gets arrested on an out-of-state felony warrant, the arresting agency will advise the state’s government that issued the warrant. If the state that issued the warrant demands extradition, it must provide documentation stating that the warrant is valid. Upon receiving proper documentation, the Governor of Michigan must issue a warrant for the person’s arrest. A warrant issued by the Governor of Michigan is a “Governor’s Warrant.” The accused is taken before a judge and can either agree to the extradition or fight it.
If an arrestee agrees to extradition and waives their right to a hearing or a judge rules that the person shall be extradited, the state that issued the original felony warrant has 10 (ten) business days to pick up the prisoner. If the person is not picked up within ten business days, they must be released.
Bond for Person Arrested on an Out-of-State Warrant
Most people, including lawyers and judges, are not aware that the UCEA provides for the release of an arrested person with a bond unless the felony charge is punishable by death, 20 years or more, or an escape-related felony. The Michigan judge is required to look at the individual’s criminal history and various other factors to establish a “reasonable” bond. The bond must require the individual to surrender to the state that issued the original warrant before a specified date or face forfeiture of the posted bond.
Why would you want to avoid extradition?
Extradition is not a pleasant process and usually involves multiple fugitives being transported via bus across the United States in less than ideal conditions. Under the UCEA, the prisoner is responsible for the cost of the transportation and the salaries of the law enforcement agents and prosecutors involved (including overtime).
Most importantly, a person arraigned in the state that issued the original felony charge will want a reasonable bond so that they do not remain in custody while their case goes through the court system. An unrepresented person who remains in custody through the extradition process can expect a very high or no bond. A person released from jail on a reasonable bond and voluntarily surrenders in court is more likely to stay out of jail or prison. Defendants, free on bond, are generally sentenced to shorter periods of incarceration than those who remain in custody.
Frequently Asked Questions
Does Michigan have extradition laws?
Michigan has an extradition law called the Uniform Criminal Extradition Act (UCEA). Under this law, state law enforcement will extradite to and from other states for felony charges, but not misdemeanors.
Will Michigan extradite from another state?
Michigan will extradite a defendant wanted on felony charges from another state.
Will Michigan extradite for a felony?
Yes
Will Michigan extradite for a misdemeanor?
No
How does the process of extradition work?
Extradition is a legal process that allows a fugitive arrested in one state (an asylum state) to be handed over to another state (the requesting state) for prosecution or punishment. A person’s name and identifying information are entered into the National Crime Information Center when they are arrested or a warrant is issued for them (NCIC). If it is determined that someone has pending criminal charges in another state, you may be extradited to that state. An experienced defense lawyer can request a bond so that their client can be released from custody and then voluntarily surrender.
What is an extradition agreement?
The official process by which a fugitive located in the United States is transferred to another country or state for trial, punishment, or rehabilitation is known as extradition law in the United States.
How long can you be held in jail awaiting extradition in Michigan?
If someone is detained in Michigan on a felony warrant from another state, the Governor would typically issue a warrant (called a Governor’s Warrant) allowing the police to detain them for up to 30 days or until a hearing with a local court judge.
What are the rules of extradition?
The US Constitution’s Extradition Clause requires states to transfer a fugitive from justice who has committed a “treason, felony, or other crime” to the state from which the fugitive has fled upon the demand of another state. The extradition radius in Michigan is unlimited.
What are the alternatives to extradition?
The best alternative to extradition is to seek release on a reasonable bond. If someone facing extradition is released from custody, they can travel to the state with the pending warrant and self-surrender. The Extradition Team with LEWIS & DICKSTEIN, P.L.L.C. can file a Motion for Bond and seek the prompt release of the inmate from custody.
Lawyers Who Get Bonds in Extradition Cases
The attorneys with LEWIS & DICKSTEIN, P.L.L.C., have an unparalleled track record of getting low bonds for clients arrested on out-of-state warrants. Unbelievably, other criminal defense attorneys believe that getting a reasonable bond is impossible. When these ineffective attorneys think something is impossible, we step up to help! Getting a bond is possible, and in fact, your loved one has a right to a reasonable bond.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you and, most importantly,
we are not afraid to win!
