CHAPTER 2

CHAPTER 2
THE EXTRADITION PROCESS
The extradition is the legal surrender of an alleged criminal, apprehended in one jurisdiction to another state, country or other governmental unit for trial. Two distinct processes are used to achieve this end – one when Virginia is the state of asylum for the fugitive, the other when Virginia is the state from which the fugitive fled, and the commonwealth isseeking his or her return
WHEN VIRGINIA IS THE STATE OF ASYLUM
Figure A, on the following page, outlines what typically occurs when a fugitive from another state is found in Virginia. As suggested by this figure, several things have generally already transpired prior to any involvement of a Virginia official in the extradition case. In most situations these will include the following: 1) thecommission of the crime; 2) the identification of a suspect; 3) the charging of the suspect across state lines; 5) the issuance of a fugitive warrant; 6) notification of fleeing of the fugitive, by way of the National Crime Information Center (NCIC)
Once a fugitive from another state is found in Virginia, the first order of business is to place the suspect under arrest. To do this an arrest warrant isusually required. the local law enforcement official obtains such a warrant by appearing before a magistrate, outlining the reason for the arrest, and presenting whatever supporting information may be available (i.e., NCIC message fugitive warrant, etc.). The only time a warrant is not required is when the fugitive has been officially charged whit a crime in another state that is punishable bydead or imprisonment for more than a year. (See Sec.19.2-99 and 19.2-100 of the Code Of Virginia)
Shortly after any arrest, two things typically occur. The demanding state is notified of the arrest, and the fugitive is taken before a magistrate or other appropriated officer of the court. What occurs at this initial hearing dependent in part on whether the arrest was made whit or without awarrant. if it was made without a warrant the first thing a magistrate must do is determine whether or not there was sufficient justification for the arrested if justification is found sufficient, issue the warrant of required affidavit as necessary. Once a warrant has been issued, or if arrest was made with a warrant already in hand, the magistrate will inform the fugitive of the charges against himand his rights under the law determine whether or not to allow bail, and schedule an early appearance for the fugitive in district courts. (See Chapter 7 for further details)


FIGURE A
FLOW CHART OF THE EXTRADITION PROCESS WHEN A FUGITIVE FROM ANOTHER U.S. JURISDICTION IS FOUND IN VIRGINIA
- Primer Fila
Crime committed
Suspect identified
suspect charged
suspect flees
fugitive warrantissued
NCIC notified
fugitive found in Virginia
arrest warrant issued
fugitive arrested
demanding state notified
fugitive waives extradition
fugitive released to agent from demanding state
fugitive returned to demanding state
- Segunda Fila
Fugitive refuses to waive extradition
Demanding state´s prosecutor request governor to seek extradition
Governor of demanding state request extraditionVirginia’s governor receives extradition request
Fugitive notified by secretary of the commonwealth’s office
Secretary the commonwealth´s office refers papers to attorney general´s office for review
Governor´s warrant of rendition issued
Fugitive detained
Fugitive appears in court
Habeas corpus hearing requested
Petition denied – petition granted
Fugitive released



CAPÍTULO 2
EL PROCESO DEEXTRADICIÓN
La extradición es la entrega legal de un supuesto delincuente, detenido en una jurisdicción de otro estado, país o en otra unidad gubernamental para el juicio. Se utilizan dos procesos distintos para lograr este fin – uno cuando Virginia es el estado de asilo para el fugitivo, el otro cuando Virginia es el estado que el fugitivo huido, y la commonwealth está buscando su retorno
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