NJ NJ EXTRADITION LAW
Understanding New Jersey’s Extradition Law: The Importance of the Uniform Criminal Extradition Act
If you or someone you know is facing an extradition issue in New Jersey, you will need to fully comprehend how to properly extradite someone from that state. Fortunately, Todd Spodek and his expert team at Spodek Law Group can provide you with the necessary knowledge and help with all matters of criminal law. As a nationwide law firm with over sixty (60) years of collective criminal experience, we are very familiar with the Uniform Criminal Extradition Act which sets out how individuals are extradited to and from New Jersey.
New Jersey’s Cost Recovery Law
It is critical to know that pursuant to 2A:160-2 of the Uniform Criminal Extradition Act, New Jersey has the right to recover costs incurred while extraditing an individual. These charges may include travel expenses, salaries of those involved in transport, food, and other related expenditures.
Return of Fugitives from Another State: An Assurance for Convicts
In our commitment towards addressing extradition requests made by sister states, 2A:160-5 obligates New Jersey to return out-of-state convicts back to transferring states after charges have been resolved. This policy provides greater assurance that citizens within other states who happen to be convicted in New Jersey can always count on their state laws being respected when seeking transfer between prisons.
The Procedure for Securing Interstate Extradition
Outline under interstate extradition provisions in 2A:160-10 of the Uniform Criminal Extradition Act specifies a well-defined procedure for securing extradition from another state. It is therefore essential for attorneys dealing with this legislation and its transport logistics during court proceedings.
Conditions for Demanding Extradition
Under 2A:160-11 of the act, requests by another state cannot compel N.J authorities into considering extradition without substantiating proof explicitly demonstrating that an accused committed a crime while in that demanding state.
Defendants Have Rights Too
According to 2A:160-18, defendants must be informed of their rights regarding counsel and fighting extradition or waiving extradition before they are surrendered to another state agent. This safeguards the rights of accused suspects without unduly delaying the trail process.
Temporary Confinement and Imprisonment
The State of New Jersey has explicit powers to temporarily detain an accused person for up to thirty (30) days on an out-of-state warrant, as provided under 2A:160-23. The duration can be extended by up to sixty (60) days in compliance with N.J.S.A. 2A:160-25.
Flexibility Is Allowed Within the Law
Keeping with the authority accorded under 2A:160-24, a Judge presiding over a would-be extradited case may release them on bail or bond per specific stipulations outlined in their decision-making rationale. This ensures flexibility within the law is allowed wherever necessary.
Contact Us for Expert Advice and Legal Help
It is vital to understand that New Jersey’s extradition laws can prove complex at times; hence, we have only given a summary of what we believe are vital sections above. It may help if you contact Spodek Law Group where we can offer more detailed advice about these statutes’ implications for your situation. Our lines are open round the clock throughout the year, so reach out today and let us assist you with your legal challenges regarding New Jersey’s extradition law.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS