This question comes up once in a while and every time it does, we’re always amazed at how little people know about extradition. Then again, it isn’t something that the average person has to deal with very often (or ever!), so it makes sense that not many people would understand what’s involved. To reduce future confusion, we’d like to break it down for you…
What happens if I’m arrested in Michigan for an out-of-state crime?
If you’re in Michigan, and you get picked up by the police for a warrant from out of state, you may be extradited back to that state to face the charges. Usually, if someone is arrested here in Michigan on a felony warrant from another state, the Governor will issue a warrant (called a Governor’s Warrant) that allows the police to hold that person for up to 30 days, or until they have a hearing with a local court judge.
Anyone held on a Governor’s Warrant has certain due process rights that include the right to an attorney, a contested hearing in court, and the right to request bail. This doesn’t mean that you have to hire an attorney, or that the court has to grant you bail, simply that you have the right to hire an attorney, and you can request bail if you want to. Your criminal defense attorney might fight the extradition to another state, or the attorney might waive the formal procedure and simply agree to you being sent back (extradited) to the state where you are charged with having committed a crime.
What happens if you’re arrested in another state on a Michigan warrant?
If you’re arrested in some other state on a warrant that was issued in Michigan, you might be extradited back here, depending on the charges. If the warrant is for a misdemeanor, then it’s unlikely that Michigan will send an officer all the way to another state to pick you up. However, it is certainly possible that might happen. Michigan doesn’t typically extradite people for misdemeanors for many reasons including costs. Felonies are a different story, though!
The state of Michigan does often extradite people for felonies, and there is no limit to the pick up radius. In fact, did you know that for very serious crimes (like first degree murder), Michigan will even extradite people from other countries to face charges here! When an arrest warrant is issued and then entered into the nationwide law enforcement computer network, the prosecutor decides whether to input it as an extradition warrant or not.
Extradition is a complex and messy process.
Being extradited back to Michigan to face charges is a very complex and stressful process. Many judges and law enforcement officials don’t deal with extraditions often, and so they don’t know what your rights are. Some judges we’ve encountered didn’t even know that Michigan law allows for bond to be granted to someone being held in custody on a felony warrant from out-of-state.
At The Kronzek Firm, our skilled criminal defense team has handled many extradition cases over the years, and we know what’s involved in the process. Our top criminal defense lawyers can help you by ensuring that your rights aren’t violated, and ensure that the court is properly following what you are entitled to. Call us today at 866 766 5245 (866 7No Jail) and got help from someone who knows what they’re doing, and can make a positive difference in your case!