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Loudoun County Attorneys > Blog > Criminal Defense > Extradition in Virginia

Extradition in Virginia

Extradition is possible when someone is arrested in one state but also has criminal charges pending in at least one other state. Extradition means moving the accused person from the original state to the state where he or she is being charged. For example, a man who was charged in a North Carolina shooting was recently arrested in Virginia and extradited to North Carolina to face murder charges. Like other aspects of criminal law, a skilled criminal defense attorney can help defend you from extradition or other criminal consequences.

Virginia as Demanding State

In order to demand extradition from another state, Virginia must first have charged someone with a crime and then the defendant must have fled the state. Typically, when there is a fugitive who has left the state, the charging state will file a report with the National Crime Information Center (NCIC). This is a way for other states to be notified about pending charges. If another state arrests the fugitive for this or another matter, the other state will generally let Virginia know that they have the fugitive in custody. In order to extradite the fugitive back to Virginia, Virginia must file specific papers with the state that is currently holding the fugitive, and the Governor is the one who formally asks for the extradition. If the accused does not waive extradition, then there will be a hearing about whether he or she should be extradited. If the extradition request is approved, then Virginia will send law enforcement to take the suspect into custody.

Virginia as Asylum State

If someone charged with a serious crime in another state flees to Virginia and is caught, generally the first step is for Virginia law enforcement to get an arrest warrant and arrest the fugitive. If extradition is not waived, then the next step involves the requesting state sending over the appropriate paperwork to move the extradition forward. Once the completed paperwork is received, Virginia will review the request. When it comes to extradition, the merits of a case are not weighed; rather the Commonwealth just checks to make sure that the fugitive is actually charged in another state, and the person that they have is the fugitive. Once this is verified and the governor approves, then the requesting state will come get the fugitive.

Waive Extradition

After being arrested in the asylum state a fugitive will often be asked whether he or she waives extradition. In Virginia extradition needs to be waived in writing. If the fugitive waives extradition then the requesting state can come and pick them up directly without having a hearing or needing the governor’s approval.

Contact Experienced Leesburg, Virginia Criminal Defense Attorneys as Soon as Possible

If you are charged with a crime, whether or not extradition is on the table, you should contact a knowledgeable defense attorney as soon as possible to help defend you against the charges. Our experienced criminal defense attorneys at Simms Showers, LLP represent clients in Leesburg, Loudoun County and Prince William County and will zealously represent you and assist in keeping you from being extradited.



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