How Does the Extradition Process Work in Texas?
If you’ve been accused of a crime in another state but are arrested in Texas, you may face a legal process called extradition. This is the formal procedure for transferring someone across state lines to face criminal charges. While it sounds straightforward, extradition can be complicated in reality because there are multiple jurisdictions at play. Read on to learn more about how extradition works in Texas, and contact a defense attorney for a consultation.
What Is Extradition?
Extradition is a cooperative process between two states. It allows one state (the demanding state) to request that another state (the asylum state) return a person who is wanted for a crime. For example, if you’re charged with a felony in Oklahoma but arrested in Texas, Oklahoma can request your extradition. This process is governed by Article IV, Section 2 of the U.S. Constitution and the Uniform Criminal Extradition Act (UCEA), a law adopted by nearly every state, including Texas. The goal is to ensure that individuals accused or convicted of crimes cannot avoid prosecution simply by crossing state borders.
Steps in the Texas Extradition Process
Although every case is different, extradition in Texas typically follows a relatively predictable set of steps.
Arrest and Detention
The process begins when Texas law enforcement learns of an out-of-state warrant, such as one based on an alleged drug crime or weapons offense. This can happen during a routine traffic stop or when your name appears in the national database of outstanding warrants. Once the pertinent information is confirmed, you may be arrested and held in a local Texas jail pending verification.
Confirmation of the Warrant
Authorities in the demanding state must provide documentation confirming the warrant’s validity. This includes certified copies of the warrant and a request for your return. Until that paperwork is received, Texas officials may hold you for a short period to ensure the information is accurate.
Governor’s Warrant and Formal Request
The governor of the demanding state sends a formal requisition request to the Governor of Texas, who can then issue a Governor’s Warrant authorizing the extradition. Once this is done, you can be transported back to the state where the charges originated.
Extradition Hearing
Before extradition occurs, you have the right to an extradition hearing in a Texas court. This hearing is not a trial and doesn’t determine your guilt or innocence. Instead, it confirms two primary things:
- Your identity as the person named in the warrant
- That the warrant and paperwork are legally sufficient
If everything checks out, the judge will approve your transfer. However, your attorney may challenge the process if there are procedural errors, missing documentation, or mistaken identity issues.
Transfer to the Demanding State
Once the Texas governor signs the warrant, you will be transferred to the demanding state’s custody. This typically happens within 30 days, but delays can occur if the other state fails to act promptly.
Responding to Extradition Proceedings in Texas
Although challenging extradition is difficult, it’s not impossible. You cannot contest the actual charges during this process, but you can question whether the extradition request is lawful. Your defense lawyer can examine things like:
- Whether the warrant identifies you correctly
- Whether all paperwork is valid and properly certified
- Whether your constitutional rights were violated
In some cases, your attorney may negotiate with prosecutors in the demanding state for voluntary surrender or a reduced bond, which can minimize the time you spend in custody.
Contact a Criminal Defense Lawyer for Help During the Extradition Process
The extradition process in Texas is designed to ensure cooperation between states, but mistakes happen, and your rights matter. From verifying your identity to ensuring lawful procedures are followed, a criminal defense attorney can help you navigate the process and fight for the best possible outcome. If you’ve been arrested in Texas on an out-of-state warrant or believe one may exist, contact a qualified defense lawyer with Barton & Associates Attorneys at Law, PLLC, as soon as possible for an initial consultation.
Barton & Associates Attorneys at Law, PLLC San Antonio
115 Camaron St, San Antonio, TX 78205
Barton & Associates Attorneys at Law, PLLC Corpus Christi
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415