If you have an outstanding warrant in Utah, you can be arrested in another state and held for extradition back to the State of Utah to answer the charges. If you are being held out of state while awaiting extradition, then contact an experienced criminal defense attorney in Utah.
The warrant can be issued for new charges, a failure to appear in court, bond jumping or because of a violation of probation. As a practical matter, Utah will usually only extradite someone back to this state on felony charges. Our attorneys can petition the court that issued the warrant for relief.
To add insult to injury, even if you agree to waive the formal requirements for extradition, the courts will often try to charge the person extradited with the cost of the extradition when their criminal case is resolved. The costs of extradition can often cost thousands of dollars.
If your underlying warrant was issued for a felony violation of probation, then contact an attorney about petitioning the court to just terminate the probation unsuccessfully. In other case, arraignments can be made for you to travel back to Utah on your own to surrender on the warrant. In the event the extradition can not be avoided, a criminal defense attorney in Salt Lake City, Utah, can begin working on your case so that by the time you arrive progress can be made in resolving the underlying criminal case.
Call us if you are being held in Utah while awaiting extradition to another state or if you are being held in another state while awaiting extradition back to Utah. The attorneys at Brown, Bradshaw & Moffat, LLP are experienced in resolving outstanding felony warrants and fighting for the best result in the underlying case. We are experienced with Utah’s Uniform Criminal Extradition Act and how it might impact your case.
Our attorneys can help you at each stage of the extradition process.
Back to top
There are very few grounds upon which one held awaiting extradition from Utah to another state can challenge the extradition in the holding state. However, under the Utah Uniform Criminal Extradition Act and case law in Utah, an accused has the right to challenge his extradition by showing that he is not a fugitive from justice. See U.C.A., 1953, §§ 77–30–1 to –28 (1982 ed.).
The United States Supreme Court has clearly defined the limited scope of judicial review permitted in a habeas corpus petition challenging 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. These are historic facts readily verifiable.
For example, the warrant is sometimes issued in error because the person sought to be extradited was not in the demanding state on the date of the crime. in other cases, the person held for extradition is not the person named in the extradition warrant. In a case of mistaken identity, a person being held cannot be a “fugitive from justice” within the meaning of the extradition statute. Additionally, the extradition statute specifically provides that the habeas corpus petition is the proper means for challenging pre-warrant confinement. U.C.A., 1953, § 77–30–10.
The judge in the holding state will sometimes release a person on bond while awaiting extradition to the demanding state. An attorney can petition the court for this type of relief.
Back to top
The authority for one state (the asylum state) to extradite a fugitive to Utah (the demanding state) is found in Article IV, Section 2, Clause 2 of the United States Constitution which 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.
U.S. Const. art. IV, § 2, cl. 2.
Extradition between states 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. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.
18 U.S.C. § 3182 (1970).
As a general matter, federal law governs extradition, and State regulation merely supplements it. Most states, including Utah, have adopted the Uniform Criminal Extradition Act (UCEA). The UCEA is codified in Utah at Utah Code Ann. §§ 77-30-1 to -28 (1999), which establishes uniform procedures for handling interstate extradition.
In 1980, the National Conference of Commissioners on Uniform State Laws approved the Uniform Extradition and Rendition Act (UERA), which supersedes the UCEA. See Uniform Extradition and Rendition Act (U.L.A.) §§ 1-101 to 6-102 (1980).
Interstate rendition of fugitives is a mandatory proceeding, compelled by the United States Constitution. For this reason, once presented with authentic documents from a demanding state, the asylum state's governor must issue an extradition warrant. See Utah Code Ann. § 77-30-2 (1999) (stating “it is the duty of the governor” to extradite fugitive upon proper demand).
Back to top
Additional Resources
Extradition to Utah under Chapter 30 - Visit the website of the Utah Legislature to find all of the statutory provision that applies to extradition to or from Utah. Find out more about time limits imposed in extradition cases, waiving extradition, and the governor’s warrant of arrest.
Extradition for Felony Cases in Utah - Visit the website of the Utah State Legislature to learn more about the process of extraditing a fugitive from justice back to Utah to answer felony charges. Also, read the statute for explaining the time to apply for habeas corpus.
Extradition Warrants to Utah County - Visit the website of the Utah County Sheriff to find out more about the Warrant Unit that will pursue and arrest fugitives from justice wanted in Utah County on outstanding warrants. The Warrants Unit will coordinate with jurisdictions in other states to arrange for the arrest and extradition of wanted fugitives. The deputies travel throughout North America to extradite wanted fugitives living outside of the State of Utah.
Back to top
If you have an outstanding felony warrant for your arrest and you reside outside of the State of Utah, contact a criminal defense attorney in Salt Lake City, Utah, about avoiding the extradition process. Taking a pro-active approach to resolving the warrant often leads to the best result.
We can help you resolve a warrant for a new felony offense, a felony violation of probation case, or a failure to appear in court in a felony case. The attorneys at Brown, Bradshaw & Moffat, LLP can help you confirm whether the warrant actually exists and ways to resolve it. Call us at (801) 532-5297 to discuss your case today. Call (801) 532-5297.
Back to top
