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Arizona Extradition Laws
Tucson Extradition Lawyer Representing Clients Wanted in Another State or Country
Are you facing extradition from Arizona to another state or country? The Law Office of Carlos A. Medina, PLLC, represents clients at extradition hearings. If you are facing extradition and need a Tucson extradition attorney, contact our firm right away.
Call (520) 251-9561 to get started with your case and understand Arizona extradition laws. Free consultations are available to all clients.
What are Arizona Extradition Laws?
Extradition is the legal process in which a person wanted on a warrant is returned to the place where the warrant was issued. Under Arizona law (ARS 13-3842), the governor is required to extradite a person who is charged with a felony, treason, or another crime and has fled to evade justice.
Domestic extradition is between two states within the United States, while international extradition is between the United States and another country that has an extradition treaty with this country. Domestic extradition is governed by federal and state laws.
At The Law Office of Carlos A. Medina, PLLC, our Tucson extradition lawyer can help you make the best decision for your situation.
The Arizona extradition process has several steps including:
- A formal request is made to Arizona from another state or country
- The state reviews the paperwork and criminal charges
- An arrest warrant is used by the governor and the person is arrested
- A judge informs the accused of the charges and right to counsel
- A hearing is held to determine the legality of the request
The defendant may either consent to the extradition and waive the hearing or fight the extradition request. If you plan to fight extradition, it is essential that you hire an experienced Tucson criminal defense lawyer. Attorney Carlos A. Medina will explain the extradition process and all possible outcomes to ensure that you are prepared for your hearing.
Waiving or Fighting Rendition in Arizona
The defendant has the option to waive the hearing and submit to the extradition or fight it. There are advantages and disadvantages to each and the right choice depends on the specific situation. Waiving rendition can be helpful in negotiating with prosecutors, but contesting can give your attorney more time to prepare your defense.
If you are facing extradition, call our office at (520) 251-9561 and schedule a free in-person consultation. Se habla español.
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If I’m innocent, do I really need an attorney?A: Guilt or innocence aside, your future is in jeopardy in the face of criminal allegations. You need an attorney who can protect your rights to show the judge and jury that you are innocent. Legal processes must be followed, and attempts by the prosecuting attorney and law enforcement to secure a conviction must be effectively countered. Even if you are innocent, you need a professional to handle your case.
What is a plea agreement? Should I accept it?A: A plea agreement typically involves lesser charges or punishment offered in exchange for a plea of guilty or no contest. Do not accept a plea offer without first talking to your attorney. You need to be certain that this is in your best interests. In some cases, a skilled criminal defense lawyer may be able to fight your charges and help you avoid a conviction altogether – which is far more advantageous than any plea agreement.
If I refuse to give a statement or answer a question, will I face criminal charges?A: As already mentioned, you have the right to remain silent. You can politely refuse to answer questions posed to you by a police officer, and you should not face criminal charges simply for exercising this right. Depending on the situation, however, you may still be arrested and taken into custody. Be sure to request to speak to your attorney, who may be able to challenge an unlawful arrest.
What are my rights if I'm arrested?A: If you’re arrested, you have the right to remain silent. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you. These rights are essential, as anything you say or do after you are taken into custody may be used against you in court. Exercise your rights and protect your interests.
Do I have to consent to a search of my home or vehicle?A: The Fourth Amendment to the U.S. Constitution offers protection against unreasonable searches and seizures. This means that law enforcement cannot simply search you or your property or make an arrest without probable cause. You have the right to refuse a law enforcement officer’s request to search your car or your home, but if they have a warrant or believe they have probable cause, they may be able to conduct a search. If you believe your property was illegally searched, an attorney can assess the situation and determine whether this can be used to your advantage in challenging your arrest or charges.