- Law Office of Rochelle S. Berliner
- Criminal Defense
- Arrest Warrants / Bench Warrants
- Extradition to or from New York
Extradition to or from New York
If you are facing extradition to or from Queens, New York, then contact Rochelle Berliner to discuss your case for a free consultation. In certain cases it might be to your advantage to waive extradition and go back to the demanding state to face the charge or request a bond so that you can voluntarily return to the demanding state to avoid extradition.
In other case, it might be to your advantage to fight extradition, especially if your cases involves misidentification. Another common reason to fight extradition is because you were not even in the demanding state when the crime was committed.
New York Extradition Lawyer
Federal law imposes all costs and expenses incurred in apprehending, securing and transmitting a fugitive upon the demanding authority (18 U.S.C. § 3195). N.Y. Crim. Proc. Law § 570.56 (McKinney). Then the State that handles the extradition case can properly order the defendant to pay restitution to cover the expenses related to his extradition from another state. People v. Conti, 120 A.D.3d 1546, 993 N.Y.S.2d 213 (App. Div. 2014). Those extradition costs can run in the thousands of dollars.
Call today for a free evaluation of your case.
New York Law’s Governing Extradition
Article IV (2, cl.  ) of the U.S. Constitution provides:
“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up to be removed to the State having Jurisdiction of the Crime.”
"The purpose of the Extradition Clause is to enable each State to bring offenders to quick justice by effectively erasing State borders so as to enlarge the territory within which the demanding State may make a lawful arrest, and to preclude any State from becoming a sanctuary for fugitives from the justice of another State." See People ex rel. Schank v. Gerace, 231 A.D.2d 380, 384-89, 661 N.Y.S.2d 403, 405-09 (App. Div. 1997)(citations omitted).
The constitutional provision is not self-executing, but is implemented by 18 U.S.C. § 3182, which provides:
“Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear.”
Extradition of fugitives is the absolute right of the demanding State and the absolute obligation of the rendering or asylum. Id. The law governing extradition is federal law and State regulation merely supplements the law on extradition. Id.
CPL 570.06, entitled “Fugitives from justice; duty of governor”, provides:
“Subject to the provisions of this article, the provisions of the constitution of the United States controlling, and any and all acts of congress enacted in pursuance thereof, it is the duty of the governor of this state to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state.”
CPL 570.08, entitled “Demand; form”, provides in pertinent part:
“No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he fled from the state and accompanied by a copy of an indictment found or by information supported by an affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate there, together with a copy of any warrant which was issued thereon, or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation or parole.
The indictment information or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction or sentence must be authenticated by the executive authority making the demand.”
Id. (formatting added) (see also, CPL 570.32).
The Governor's Warrant for Extradition
The Governor of the rendering State must review the extradition demand. If it is determined to comply with the law then the Governor must issue a warrant directing that the accused be arrested and delivered to the demanding State. See CPL 570.10, 570.18, and 570.20. If the warrant is issued, then the accused has a right to be taken before the court and to apply for a writ of habeas corpus. See CPL 570.24.
In those circumstances:
“A governor's grant of extradition is prima facie evidence that the constitutional and statutory requirements have been met….Once the governor has granted extradition, a court considering release on habeas corpus can do no more than decide (a) whether the extradition documents on their face are in order; (b) whether the petitioner has been charged with a crime in the demanding state; (c) whether the petitioner is the person named in the request for extradition; and (d) whether the petitioner is a fugitive.” Id.
Issues for the hearing include a determination of identity and the presence in the demanding State at the time the crime was committed. The court, however, may not inquire into the guilt or innocence of the criminal charge. The court may only determine the “legal question whether the demand for extradition is accompanied by a charge that, however inartfully, alleges commission of some crime in the demanding State. See Id. (citing California v. Superior Ct. of Cal., 482 U.S. 400, 410–411, 107 S.Ct. 2433, 2439–2440, 96 L.Ed.2d 332).
Finding an Attorney for Extradition in Queens, N.Y.
If you are facing extradition in New York, then contact Queens criminal defense attorney Rochelle S. Berliner to discuss your case. Call 718-261-5600 or submit an online form today to schedule a free consultation.
The Law Office of Rochelle S. Berliner represents clients in Queens, The Bronx, Brooklyn, Manhattan, and Staten Island.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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