Extradition and Arrest Warrants Defense Lawyer
Crimes committed outside Arkansas State lines can be complicated. Below are the details surrounding Extradition, Waiver of Extradition, and Arrest Warrants in the state of Arkansas. If the details of your case and arrest involve multiple jurisdictions, you will need a lawyer to advise you. Schedule a FREE consultation with Stuart Cearley to find out what course of action is in your best interest.
Extradition in the State of Arkansas
Extradition is the legal process in which a person is returned to the place in which a warrant was issued for his or her arrest. The U.S. Constitution allows for other states to request the extradition of a convicted criminal or suspect from any other U.S. state, though extradition can also occur with other countries as well. In the State of Arkansas, center personnel or peace officers of either state may transfer a person in custody across the state line and may exercise control over that person on both sides of the state line. Extradition of a person who was arrested is not required in order to prosecute the person for an offense against the law of either state if the person is physically present in any part of the state at the time of the prosecution.
Waiver of Extradition Warrant
Any person arrested in the State of Arkansas that is being charged with any crime in another state, or alleged to have escaped confinement and/or broken the terms of their bail, probation, or parole may choose to waive the issuance and service of the warrant provided under the Uniform Criminal Extradition Act, 16-94-201.
Before the waiver has been executed, the judge must inform the person of his or her rights to await the issuance and service of a warrant of extradition. Following the waiver of extradition, the person being convicted will be placed in custody without bail to await delivery to the demanding state.
The extradition process can be very complex and time-consuming process, having an experienced lawyer to guide you through this process is critical to ensure you are treated fairly and that your rights are protected in the U.S. or abroad in a foreign court. Getting legal counsel as quickly as possible is imperative.
Extradition Lawyers can provide the following services:
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Review the extradition request to ensure that it is valid and that it complies with the law.
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Advise you on your rights and option, explain the extradition process and help you understand your rights. They also can play a critical role in determining if you should fight extradition or cooperate with the other country.
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Negotiate with the other country or state by trying to get the charges dropped or reduced.
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Represent you in court and defend you against the charges to ensure a fair trial.
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Appeal the decision to a higher court, if found guilty.
Arrest Warrant
For an arrest warrant to be issued, it must be based on a complaint that alleges probable cause that the person being accused has committed a specific offense. Probable cause is the legal that means there is a strong belief that a crime has been committed and that the person receiving the arrest warrant has committed the crime. In the State of Arkansas, an arrest warrant must be issued by a circuit court judge, district court judge, or magistrate, and the warrant of arrest is to be carried out by any law enforcement officer.
Arrest warrants can he issued for different crimes. The most common ones include:
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Felonies: Serious crimes, punishable for more than one year in prison.
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Misdemeanors: Less serious crimes, punishable for less than one year in prison.
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Failure to appear: When an individual fails to appear in court after receiving an arrest warrant.
Once an arrest warrant has been issued, law enforcement officers can arrest the person named in the warrant anywhere in the state of Arkansas. The person arrested will then be taken to jail and held pending a hearing.
If you are arrested on an arrest warrant, you should contact a qualified attorney as soon as possible. Stuart Cearley Law Group can help you understand the charges against you and your legal options.
An experience lawyer can:
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Advise you on your rights and options.
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Advise you on whether you should turn yourself in or wait to be arrested.
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Negotiate with the prosecutor.
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Represent you in court and ensure you get a fair trial.
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Assist with bail.
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Appeal the decision to a higher court.
Having an experienced lawyer on your side can make a big difference in the outcome of your case. If you have received an arrest warrant, it is important to contact us as soon as possible to provide peace of mind and help you get the best possible outcome in your case.
