WARRANTS / EXTRADITIONS



BENCH WARRANTS

When a defendant fails to appear for a scheduled court date, the judge will order a bench warrant for the defendant's arrest. The warrant is a court order authorizing a person's arrest. If a defendant is apprehended outside of Arizona on an outstanding Arizona felony warrant, Arizona may seek the defendant's extradition back to Arizona. The decision to extradite depends in large part on the nature of the charges. If a defendant is apprehended in Arizona on an outstanding Arizona warrant, the defendant is not usually eligible for release until the defendant is taken before the court that issued the warrant.

When a bench warrant is issued and the defendant has an insufficient explanation for failing to appear, there can be serious consequences. These may include the defendant being further prosecuted for failing to appear as required by law, the court granting default judgment(s) against the defendant on civil traffic tickets, the defendant being held in civil contempt of court, the defendant's driver's license being suspended, and the defendant's bond being forfeited. Failing to appear on a felony charge can be charged as a separate felony offense. Failing to appear on a misdemeanor can be charged as a separate misdemeanor offense.

A criminal defense attorney can assist an out-of-custody defendant who has an outstanding bench warrant by:
1. having the defendant prepare to post-adequate bond;
2. asking the state to agree to reasonable conditions of release;
3. filing a motion requesting the court quash the warrant;
4. arranging a date where the defendant can self-surrender before the judge that issued the bench warrant; and
5. appearing in court with the defendant to assist the court in setting conditions of release.


EXTRADITION

International

Extradition refers to the formal process by which an individual is delivered from the country where he is located to the requesting or demanding country in order to face prosecution, or if already convicted, to serve a sentence.

Extradition is usually carried out pursuant to a treaty between two countries (bilateral treaty) or between multiple countries (multilateral convention). The United States currently has extradition treaties in force with over 100 countries.

Extradition to the demanding country is subject to the laws, procedures and policies of the asylum or requested country (the country the defendant is to be delivered from). If the individual is extradited to the requesting country, the manner in which he is prosecuted or sentenced in the requesting country may be positively influenced by having a competent criminal defense attorney involved from the inception of the extradition proceedings.

International prisoner transfer may allow a person convicted of a crime in one country to be transferred to his home country of citizenship to serve the remainder of his sentence.

Interstate Extradition

Interstate extradition is the term given to the removal process of a person who happens to have an arrest warrant issued by a foreign state for an individual who later is picked up in another state or jurisdiction.

Generally, a suspected fugitive is arrested based on a requesting state's warrant charging the suspect with a crime. The prosecutor in the asylum or requested state may then file a fugitive complaint against the suspect. If so, the suspect is arraigned and held in custody or admitted to bail pending issuance of a Governor's warrant. Requisition of the fugitive must be made within 90 days. The fugitive may deny the allegations in the complaint or waive formal extradition at this time. A.R.S. §§ 13-3855, 13-3857.

Meanwhile, the prosecutor in the demanding state assembles the appropriate extradition papers, which are submitted to the Governor of the demanding state. If the papers are approved as to form by the Attorney General, the Governor of the demanding state submits his or her requisition, or formal demand, accompanied by the supporting documents, to the Governor of the requested state. The Governor of the requested state reviews the request and then issues a warrant of extradition that commands the arrest and rendition of the fugitive. The fugitive is then arraigned on the Governor's warrant and, on request, given the opportunity to challenge its validity. The fugitive can be admitted to bail in the state where he is seeking asylum. A.R.S. § 13-3856.

Extradition may be challenged before the Governor's warrant is issued at an identity hearing in the trial court. The burden of disproving identity is on the fugitive. However, guilt or innocence may not be inquired into except to contest fugitive’s identity. After the warrant is issued, extradition may be challenged by habeas corpus. If the challenge is unsuccessful, the appropriate agency in the demanding state is notified and sends law enforcement agents to return the fugitive to the demanding state. If Arizona detains an inmate out of state, the inmate receives credit for the length of detention towards the inmate’s open Arizona charge. State v. DePasquallo, 681 P.2d 387 (Ariz. App. 1983).

All extradition cases, whether the underlying charge is a felony or misdemeanor, are very serious and can result in immediate incarceration even though you are innocent of any charges. Therefore, if you have been arrested on an out-of-state arrest warrant, or if you are currently residing out-of-state resisting an Arizona arrest warrant, you should immediately contact an experienced attorney who understands this area of the law.




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