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Extradition Process

Process of Extradition To & From NJ

States extradite individuals between one another all the time. The process of someone being extradited to New Jersey or some other state can actually be relatively uncomplicated provided the prisoner is not Fighting Extradition. We have compiled a brief summary of the general steps involved in Extradition. If you possess a more detailed question about how someone is extradited in NJ, an attorney from our firm can assist you. Our defense team is available 24/7 and one of our lawyers is always happy to provide assistance.

Extradition to New Jersey from Another State

The process by which an individual is extradited to NJ is set forth in N.J.S.A. 2A:160-31, 2A:160-32 and 2A:160-33. The steps needed to extradite a defendant back to New Jersey include:

  1. Presentation of a requisition to the governor by the prosecuting attorney, probation, or parole, seeking the return to New Jersey of an individual who has failed to respond to charges or violated bail, probation or parole;
  2. Preparation of an Affidavit setting forth the specifics concerning the basis for the requisition; and
  3. Issuance of a warrant from the governor of NJ demanding that a person charged with a crime or violating bail, probation or parole, be returned to the state.

Extradition to Another State by New Jersey

When it comes to extraditing an individual to another state, the process is set forth under the New Jersey Extradition Law. The steps include:

  1. Service of a written demand by another state requesting the extradition of a prisoner from the State of NJ;
  2. Conclusion of an investigation by the governor’s office, attorney general and/or prosecuting attorney wherein it is concluded that the prisoner should be extradited;
  3. Issuance of a warrant providing for the return of the prisoner to the demanding state;
  4. The completion of a hearing in which the prisoner is advised of his rights and it is either concluded that extradition is warranted or the prisoner executes an Extradition Waiver ; and
  5. The return of the prisoner to the demanding state within thirty (30) days of being taken into custody or, a period of up to an additional sixty (60) days, if so extended by a Court.

To learn more about how our New Jersey Extradition attorneys can help you, please feel free to contact us at 1-877-450-8301. Initial consultations with a lawyer from our law office are always complimentary.

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The criminal defense attorneys at the Law Offices of John F. Marshall represent New Jersey adult and juvenile clients from offices in Shrewsbury, Cranford, Toms River, Jersey City and New Brunswick. We provide prompt and convenient client service to people in such communities as Newark, Plainfield, Freehold, Eatontown, East Brunswick, Edison, Woodbridge, Westfield, Clark, Rahway, Piscataway, Sayreville, Elizabeth, Middletown, Asbury Park, Long Branch, Jackson, Lakewood, Point Pleasant, Edison, Old Bridge, Aberdeen, Linden, Belmar, Eatontown, Hazlet, Holmdel, Ocean, Sea Bright, Hoboken, Weehawken, Seaside Park, Seaside Heights, Tinton Falls, Wall, Brick, Dover, Jackson, and other locations in Monmouth County, Middlesex County, Union County, Ocean County, Burlington County, Mercer County, Essex County, Hudson County and Morris County.

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