Bond for Extradition in Michigan
Arrested in Michigan and facing extradition to another state? Most people, even lawyers, and judges do not know that Michigan law provides for a bond so that the defendant can be released from jail and voluntarily report to the state that issued the warrant.
Arrested in Michigan on a Warrant from Another State
People are regularly arrested in Michigan for warrants issued in other states. More frequently than not, these individuals are unnecessarily kept in custody and forcibly transported across the country. Very few lawyers have the knowledge and expertise to convince a Michigan judge to order a reasonable bond on an extradition case.
Arrests on out-of-state warrants can happen in a variety of ways. In some cases, a person may come to the attention of the police by happenstance, like during a traffic stop, for example. In other cases, law enforcement seeks out an alleged absconder and takes him or her into custody. Although a state may seek extradition for any felony offense, some officers will exercise their discretion and not extradite for a minor felony charge. In most cases, the extradition process begins when a person is arrested and taken into custody.
What is Extradition?
The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a felony to the state from which the fugitive has fled. The UCEA (Uniform Criminal Extradition Act) allows the arrest of a fugitive accused of a crime in another state. The crime must have a possible punishment of at least one year in jail.
The Extradition Process – A Very Basic Explanation
If a person gets arrested on an out-of-state felony warrant, the arresting agency will advise the government of the state that issued the warrant. If the state that issued the warrant demands extradition, it must provide documentation stating that the warrant is valid. Upon receiving proper documentation, the governor of Michigan must issue a warrant for the person’s arrest. A warrant issued by the Governor of Michigan is a “Governor’s Warrant.” The accused is taken before a judge and can either agree to the extradition or fight it.
If an arrestee agrees to extradition and waives his or her right to a hearing or if a judge rules that the person shall be extradited, the state that issued the original felony warrant has 10 (ten) business days to pick up the prisoner. If the person is not picked up within ten business days, he or she must be released.
Bond for Person Arrested on an Out-of-State Warrant
Most people, including lawyers and judges, are not aware that the UCEA provides for the release of an arrested person with a bond unless the felony charge is punishable by death, 20 years or more, or an escape related felony. The Michigan judge is required to look at the individual’s criminal history and a variety of other factors to establish a “reasonable” bond. The bond must require the individual to surrender to the state that issued the original warrant on or before a specified date or face forfeiture of the posted bond.
Why would you want to avoid extradition?
Extradition is not a pleasant process and usually involves multiple fugitives being transported via bus across the United States in less than ideal conditions. Under the UCEA, the prisoner is responsible for the cost of the transportation and the salaries of the law enforcement agents and prosecutors involved (including overtime).
Most importantly, a person arraigned in the state that issued the original felony charge will want a reasonable bond so that he or she does not remain in custody while their case goes through the court system. An unrepresented person who remains in custody through the extradition process can expect a very high bond or no bond. A person released from jail on a reasonable bond and who voluntarily surrenders in court is more likely to stay out of jail or prison. Defendants, free on bond, are generally sentenced to shorter periods of incarceration, as opposed to those who remain in custody.
Lawyers Who Get Bonds in Extradition Cases
The attorneys with LEWIS & DICKSTEIN, P.L.L.C., have an unparalleled track record of getting low bonds for clients arrested on out of state warrants. Unbelievably, other criminal defense attorneys believe that getting a reasonable bond is impossible. When these ineffective attorneys think something is impossible, we step up to help! Getting a bond is possible, and in fact, your loved one has a right to a reasonable bond. Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form, and an experienced lawyer will promptly contact you.