Prosecutor Explains Extradition Process

CREST HAVEN — Frequently, news stories dealing with suspects involved in crimes will report that the individual was arrested in another state and “waived extradition.” What does that mean?
Cape May County Prosecutor Robert L. Taylor explained the process:
When a person is wanted out of Cape May County, and has been located and apprehended by law enforcement authorities in another state, two separate and distinct procedures have been established for the individual’s prompt and lawful return to Cape May County.
If an individual is arrested based solely on Cape May County charges, he or she is charged as a Fugitive From Justice in the State in which they are apprehended.
Usually within the next three days, the individual appears before a judge, at which time the fugitive is presented with the charges from the originating state and decides whether or not to “waive extradition.”
If the fugitive signs the “Waiver of Extradition,” he or she is returned to the originating state within 10 days.
If the fugitive does not waive extradition, the originating state is tasked with initiating a Governor’s Requisition.
Officially termed “Prosecutor’s Requisition to Governor,” the document begins, “To His Excellency, the Governor.”
What follows is a statement that explains why the subject is being sought:
“I have the honor to request that you issue a requisition upon the Governor of the State of(state) for the extradition of (name) who stands charged with the crimes of (statement of crimes) committed in the County of Cape May, on or about, (date) the punishment for which is defined in N.J.S.A. (statutes violated). To avoid prosecution defendant has fled from the jurisdiction of this State and is now a fugitive from justice and, as I am informed, is within the jurisdiction of said State of (state). The fugitive was present in the State of New Jersey at the time of commission of the crimes.
“I HEREBY CERTIFY that, in my opinion, the ends of public justice require the fugitive be brought to this State for trial proceedings at the public expense, and that I am willing that any expense shall be charge on the County of Cape May.”
An affidavit is authored outlining the outstanding charges held by the originating state, an affidavit of an investigating officer confirming the fugitive’s identity and other supporting documents about the originating crime.
The Governor’s Requisition is signed by the governor of the originating state and the document is sent to the governor of the state in which the fugitive was apprehended. That governor authorizes a Governor’s Warrant for the extradition of the fugitive back to the originating state for prosecution.
It should be noted that the procedures, which regulate the lawful return of wanted persons from state to state, are similar. Each state determines what time limit requests for extraditions must follow, but procedurally, the process is the same.
In Florida, the process to obtain a Governor’s Warrant must be completed in 90 days from the arrest.
If an individual is arrested in another state as a Fugitive From Justice and has additional charges from the state in which he or she has been apprehended, the local charges are most often adjudicated prior to the individual’s return to the originating state.