Attorney for Extradition in Nassau County, NY
If you or a loved one is concerned about a warrant in Nassau County or Long Island, New York, then it is important to understand the fugitive and extradition process. Once the fugitive warrant is entered into the system then you can be arrested in another state and held for an extradition proceeding.
The extradition process allows the State of New York to bring you back to answer the charges. In most cases, your first priority is to hire a criminal defense attorney in the jurisdiction where the warrant was issued. The court that issued the warrant is in the best position to give relief on the warrant including lifting it temporarily so that the person can voluntarily travel back to Nassau County, NY, to answer the charges. If the warrant is particularly old, the attorney may be able to get the District Attorney’s Office to drop the charges which would also eliminate the warrant.
The only reason to hire an attorney in the state where the person is being held on an out of state warrant is if you wish to contest the extradition or begin a Habeas Corpus Review of Extradition Proceedings.
Fugitive warrants and extradition proceedings are common on felony violation of probation charges. The proceedings are also common when the felony arrest warrant for new charges is not issued until after a person has moved to another state. In some case, the person will flee the state because of the warrant in order to avoid going into custody which is often called the “fugitive warrant.”
Contact Stephanie Selloni, an experienced criminal defense attorney with offices in Garden City, NY, in Nassau County. Call to discuss the best way to resolve a warrant that involves the extradition process in Nassau County or Long Island in the State of New York. Call today for a free consultation to discuss possible ways to fight extradition or to have the warrant lifted so you can voluntarily return to Nassau County to answer the charges.
Information on Extradition in New York
- The Extradition Clause
- Time Limits in an Extradition Case
- Being Held Out of State on Warrant Issued in Nassau County
- Held in Nassau County on Warrant Issued Outside of the State of New York
- Extradition for a Fugitive from Justice
- Extradition involving a Non-Fugitive from Justice
- Finding an Attorney for an Extradition Warrant
The purpose of the Extradition Clause is to allow each state to bring a person accused back to answer the charges more efficiently and to dissuade a person from fleeing to another state to avoid justice. The Extradition Clause of the United States 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” (U.S. Const., art. IV, § 2, cl. 2).
Because the State of New York has enacted the Uniform Criminal Extradition Act, pursuant to CPL 570.08, “[n]o demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless … 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.”
At arraignment, the accused may not be held without bail for a period that exceeds thirty (30) days. CPL § 570.36. Thereafter the case may not be continued for a period in excess of an aggregate of sixty (60) days for the Governor’s warrant. CPL § 570.40.
CPL §§ 570.36 and 570.40, in combination, permit a fugitive’s detention without bail for a period not in excess of ninety (90) days. The statutes allow detention for “a time not exceeding thirty days” and “for a further period of sixty days, or further periods not to exceed in the aggregate sixty days …”, respectively. Neither statute explicitly provides for the exclusion of any Saturdays, Sundays or holidays.
When individuals who have been accused of committing crimes in Nassau County and have fled this jurisdiction are located in other states or countries, the extradition proceedings to arrest and return them to Nassau County are handled by Assistant District Attorney’s in the Grand Jury Unit.
In Nassau County, the Grand Jury Unit of the Nassau County District Attorney’s Office handles all fugitive and extradition proceedings. When an individual wanted outside of New York State is located in Nassau County, all documentation and proceedings necessary to return that fugitive to the other state are handled by Assistant District Attorney’s in the Grand Jury Unit.
The Uniform Criminal Extradition Act (UCEA) governs the laws for extradition from the State of New York. The UCEA is included in Article 570 of the Criminal Procedure Law (CPL). The UCEA provides for the procedures for extraditing a person from the State of New York in two different situations. The two situations depend on whether the person is considered a “fugitive from justice.”
For purpose of the UCEA, a “ fugitive from justice” means that the person’s criminal conduct was committed while the person was physically in the demanding state, and then the person “fled” from the demanding state to another state. When the person is considered a “fugitive from justice,” then the Extradition Clause of the U.S. Constitution (U.S. Const., art. IV, Section 2) is implemented by the UCEA. The extradition is required under these circumstances and New York is only required to determine whether:
- the extradition documents are in order and complete on their face;
- the person being held is the person names in the request for extradition; and
- the person has been charged with a crime in the demanding state.
CPL Section 570.16 applies if the person being held for another state is not a “fugitives from justice.” In these cases, extradition is left within the discretion of the court. The court must determine whether:
- the extradition documents are in order on their face;
- the person has been charged with a crime in the demanding state;
- the person being held is the person names in the request for extradition;
- the person committed a crime in another state which also caused a crime to be committed in the demanding state; and
- the acts would be punishable under the laws of the state in which the person was present when the crime was committed.
See People ex del. George v. Howard, 970 N.Y.S. 2d 662 (Co. Ct. 2013); In re Extradition of Douglas, 2 Misc. 3d 662, 663, 773 N.Y.S.2d 811, 812 (Sup. Ct. 2003).
Extradition to or from Nassau County, NY – Visit the website for the Nassau County District Attorney’s Office with Madeline Singas, Acting District Attorney, in Mineola, NY. Learn more about the the Felony Screening Unit and the Grandy Jury Unit of the District Attorney’s Office in Nassau County which handle all fugitive proceedings. The unit also handles any case involving extradition proceedings either to or from Nassau County, NY.
International Extradition – Visit the website of the Offices of the United States Attorneys, to learn more about International Extradition and related matters as explained in the U.S. Attorneys’ Manual. Find information on the procedures for requesting extradition from abroad, determination of extraditability, procedures when a fugitive is non-extraditable, the request for provisional arrest, documents required to support the request for extradition, and alternative to extradition.
If you are concerned about a warrant issued in the State of New York for an individual who lives outside the state, then contact us to discuss the case. We can begin working on your case immediately to help you resolve the outstanding warrant issued from the courthouse in Hempstead or Mineola in Nassau County or Long Island, NY.
Stephanie Selloni can help you determine the nature of the charges against you, the evidence that supports the accusation, and possible defenses to fight the charges. In a violation of probation case, Stephanie Selloni can help you resolve an old VOP warrant so that you can move on with your life. Especially in these cases, an attorney can begin fighting the charges quickly to help you obtain the best result in the shortest amount of time. Call (516) 972-1212 to discuss the extradition case, the procedures for extradition between states, and the best ways to resolve your outstanding felony arrest warrant.
Article last updated on Tuesday, June 16, 2015.