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 to be set 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 arrested in Michigan for warrants issued in other states all the time. 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 not to make an arrest if the warrant is issued on a minor felony charge. In most cases, a person is taken into custody and the extradition process begins.
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 who is 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 is arrested with an out-of-state felony warrant, the arresting agency advises the government of the state that issued the warrant. If the state that issued the warrant demands that the person be returned, that state has to provide documentation stating that the warrant is valid and return of the prisoner is demanded. Upon receiving proper documentation, the governor of Michigan must issue a warrant for the person’s arrest. This is commonly referred to as a “Governor’s Warrant.” Once the accused is arrested under the governor’s warrant, he or she is taken before a judge and can either agree to the extradition or fight it (by claiming that he is not the right person for example).
If an arrestee agrees to extradition and waives his or her right to a hearing or if a judge rules that a person is to be extradited, the state that issued the original felony warrant has 10 business days to pick up the prisoner. If the person is not picked up within 10 business days, he or she is 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, when the person is arraigned on the warrant in the state that issued the original warrant, he or she is going to want to get a reasonable bond and not get stuck in jail. A person who remains in custody and goes through the extradition process can expect a very high bond or no bond. A person who can get out of custody on a reasonable bond and who voluntarily surrenders in court in the state that issued the warrant, is more likely to stay out of jail or prison.
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 who are arrested on out of state warrants. Unbelievably, we have family members and loved ones call us after being told by other criminal defense attorneys that getting a bond is impossible. When other lawyer’s 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 From and an experienced lawyer will promptly contact you.