What is the Michigan extradition radius for a felony?
Michigan and other states will generally extradite a person wanted on a felony warrant from anywhere in the United States.
Does Michigan Extradite for Felonies and Misdemeanors?
For very serious offenses, Michigan may request extradition from countries worldwide. No warrant pickup radius in Michigan limits the extradition process, and the Uniform Criminal Extradition Act (UCEA) is followed by almost all jurisdictions within the United States.
Michigan will extradite for felonies but not misdemeanors. A felony under the UCEA is any offense punishable by more than one year. A felony warrant will trigger extradition if issued to start a new case or someone flees from Michigan after the case is already in court. The Michigan extradition radius includes any state or territory in the United States in felony cases.
Arrested on an Out of State Warrant in Michigan
If the police arrest someone on an out-of-state felony warrant, the governor will generally issue a warrant to hold the individual in custody for up to 30 days or until a hearing before a local court judge. The warrant is called a Governor’s Warrant. Anyone held on a Governor’s Warrant has several due process rights, including the right to a lawyer, a contested hearing in court, and the right to request release on bond. The Michigan extradition radius within the United States is unlimited.
Our Lawyers Can Fight for the Release of our Client from Custody While Facing Extradition
If someone is in custody on an out-of-state felony warrant, they can request release on bond, even for extradition cases. They can then voluntarily go to the state that issued the warrant instead of being forcibly transported. Most lawyers and even judges are unaware that a bond is available to someone held in custody on a felony warrant from another state. Michigan law provides for bond or bail in extradition cases. An experienced lawyer can educate the court on the nuances of expungement law and advocate for a reasonable bond. In most cases, our lawyers can secure the release of our clients from custody. The Michigan extradition radius is not a factor for consideration by a judge when determining a bond.
Release on Bond Can Be a GameChanger Regardless of the Michigan Extradition Radius
A defendant extradited from one state to another is rarely released on bond when they arrive in the prosecuting state of origin. Conversely, a defendant who is free and on bond and voluntarily appears in court has a much greater chance of being granted a personal or low bond upon surrendering on the out-of-state warrant. Furthermore, judges sentence defendants who are out on bond to far less time than those who remain incarcerated. The Michigan extradition radius doesn’t relate to the bond or bail amount.
How to Stop An Extradition
There are only two ways to stop an extradition. First, the presiding judge will dismiss the extradition if the individual in custody is not the defendant sought in a felony warrant. The only other way to stop extradition is for an experienced lawyer to convince the judge or law enforcement to grant a reasonable bond or set aside the warrant so that the defendant can voluntarily self-surrender in the court where the defendant’s prosecution is pending. The judge will dismiss the extradition case and return any bond posted if the defendant voluntarily appears to be arraigned on the pending charges.
Lawyers for Extradition Cases in Michigan
The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. has extensive experience representing clients facing extradition from or to Michigan. If you face extradition to Michigan, we can represent you and fight for your release from custody. We offer a free consultation if you have questions regarding the Michigan extradition radius. If you or a loved one is in Michigan and awaiting extradition to another state, we can represent you in court and fight for your release on a reasonable bond.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.