Does a warrant need to say extraditable for a fugitive to be extradited?

UPDATED: Oct 1, 2022

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Does a warrant need to say extraditable for a fugitive to be extradited?

The person is in Louisiana and the warrant is issued for a Nevada. The crime was assault with a deadly weapon and is being charged as a felony. The DA says they have enough evidence to prosecute the case. The fugitive never showed up for his initial hearing so a bench warrant was issued. The warrant has been entered into NCIC. The warrant says nothing about extradition so does this mean they cant be extradited? I know a warrant can say non-extraditable but does this mean it has to say extraditable for the person to be extradited or do the Louisiana police just need to make a formal request to Nevada for extradition?

Asked on February 11, 2019 under Criminal Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, the warrant does not need to specifically say "extraditable" for extradition to be possible. Rather, the default is that someone wanted in state 1 can be extradited from state 2 unless the warrant states that they cannot (says "non-extraditable"). The LA police can make a request for extradition.

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