What is the right of 1 state to allow/prohibit extradition to another state?
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What is the right of 1 state to allow/prohibit extradition to another state?
If you are on probation and arrested RI, would they allow the state you are on probation in come and take you back to that state?
Asked on December 8, 2010 under Criminal Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Usually there are waiver considerations by the person arrested regarding extradition. Further, if the state in which the person was arrested feels you are a flight risk for extradition, extradition may not occur or if it feels prosecution needs to occur in Rhode Island, you may need counsel to help negotiate these issues. Every state has extradition laws so you may want to ask about your extradition laws (the states involved). Further, also understand your arrest and possible charges in one state may impact your existing probation status. Probation may be revoked, you may see an expanded sentence and it may enhanced because of your prior(s).
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