What are the steps in the extradition process?

If a person is taken into custody and faces extradition, they might spend unnecessary time behind bars and thousands of dollars in wasted money. An experienced extradition lawyer can help them get released on a fair bond.

Michigan Extradition Process and Procedure

When someone in Michigan is arrested and has a felony warrant from another state, that person can be held in custody and extradited (forcibly transported) to the state that issued the warrant. Although many judges are reluctant to acknowledge it, and many criminal defense lawyers do not even know it, there is a process to get a bond. If the defendant receives a bond, they can be released from custody and voluntarily self-surrender on the other state’s warrant. The following information should give you a better understanding of Michigan’s extradition process.

The Arrest and Start of the Process

1. Law enforcement contacts the individual and determines they have a warrant out of another state. Law enforcement arrests the individual if the warrant-holding state wants the individual held.

2. The booking and LEIN (Michigan Law Enforcement Information Network) sheets are given to the prosecutor’s office by jail staff or law enforcement officers. The prosecutor’s office assigns the case to an assistant prosecutor who generates a Complaint for a fugitive status. A deputy, officer, or agent from the arresting agency takes the Complaint and swears to it before a magistrate or judge.

3. Once the magistrate or judge signs the Complaint, it is immediately given to the appropriate person in the court clerk’s office, who opens a file and enters the case into the court’s computer system. The clerk then calls the arraigning judge’s clerk or the assignment clerk to notify them that there is an extradition file and they need to arraign the arrested person.

4. The arraigning judge’s clerk notifies the prosecutor’s office of the date and time of the arraignment. If a criminal defense lawyer has entered an appearance, the clerk must notify the defense lawyer of the date and time for arraignment. Most courts keep the defense lawyer apprised of the pertinent hearings and steps in the extradition process.

Arraignment – A Key Part of the Extradition Process

5. The accused must be taken before a judge or magistrate for arraignment with “all practicable speed.” MCL 780.13.

6. At the initial arraignment, the court shall arraign the defendant on the fugitive Complaint generated by the prosecutor’s office. The court must inform the defendant of the demand made for their surrender, the crime charged, and that they have the right to hire a defense lawyer or request court-appointed counsel. If the defendant or their counsel desire to test the legality of the defendant’s arrest, they may apply for a writ of habeas corpus. MCL 780.9.

7. The defendant may sign a Waiver of Extradition. Signing this document waives the issuance and service of a Michigan Governor’s Warrant and all other procedures incidental to the extradition proceedings. It also indicates that the defendant will voluntarily return to the demanding state. If the person signs the waiver, the court shall remand the defendant to the county jail; but the defendant has the right to seek a reasonable bail and release from custody. The best hope for a low bond and release from custody is with an attorney who has vast experience seeking bonds in extradition cases and a record of success. The prosecutor shall notify the demanding state that the defendant is ready to be picked up by agents of that state. MCL 780.25.

8. If the defendant does not wish to sign the Waiver of Extradition, the prosecutor’s office must contact the demanding state to begin the process of obtaining a Michigan Governor’s Warrant.

Commitment to County Jail/Bond

9. If the judge or magistrate finds that the person held is the person charged with having committed the crime alleged and that they have fled from justice, the judge or magistrate must commit the defendant to the county jail for a time not exceeding 30 days. MCL 780.14. If the defendant has pending criminal charges in Michigan, the restriction on the commitment length is not applicable during the period that the Michigan criminal prosecution is pending. MCL 780.18.

10. Unless the offense with which the defendant is charged is (a) an offense punishable by death, life imprisonment, or imprisonment for more than 20 years under the laws of the state in which it was committed or (2) for escaping from custody or confinement, the court may allow the defendant to be released on bond in an amount that, after reviewing the defendant’s criminal history, the court considers proper. It is up to the defendant to initiate a request for a bond through a formal motion. However, if the defendant remains in Michigan once the Governor’s Warrant is received, the defendant must be arrested and is not entitled to bond. MCL 780.15. If a defendant posts bond and secures their release from jail during the extradition process, they must go directly to the out-of-state court for arraignment.

11. Suppose the defendant is not arrested under the Michigan Governor’s Warrant by the expiration of 30 days. In that case, this court may recommit the accused for additional periods not to exceed a total extension of 60 days. Again, if there is a pending criminal prosecution against the defendant in this state, this restriction on the length of commitment is not applicable. MCL 780.18.

Receipt of Michigan Governor’s Warrant/Arrest Upon Governor’s Warrant

12 . When the prosecutor’s office receives the Michigan Governor’s Warrant, the court will immediately revoke the bond and detain the defendant subject only to habeas corpus review. MCL 780.6.

13. When the police arrest a defendant on a Michigan Governor’s warrant, the defendant shall “be taken forthwith before a judge of a court of record in this state.” MCL 780.9. The court must inform the defendant of the demand for their surrender, the charges against them, and that they have the right to demand and procure legal counsel during the extradition process. If the defendant or their counsel desire to test the legality of the defendant’s arrest, they may apply for a writ of habeas corpus. MCL 780.9.

Writ of Habeas Corpus

14. If the defendant applies for a writ of habeas corpus, the prosecutor’s office and the agent of the demanding state must be given notice of the time and place of the hearing on Defendant’s application. MCL 780.9.

15. Once the Michigan Governor has granted extradition utilizing the Michigan Governor’s Warrant, this court’s inquiry on habeas corpus is limited to the following topics: (1) whether the extradition documents on their face are in order, (2) whether the defendant has been charged with a crime in the demanding state, (3) whether they are the person named in the extradition request, and (4) whether they are a fugitive. The court cannot consider the defendant’s guilt or innocence regarding the crime charged by the demanding state. MCL 780.19.

Commitment to Jail After Arrest Under Governor’s Warrant

16. Once the defendant is arrested under the Governor’s Warrant, the prosecutor shall notify the demanding state’s appropriate authorities. The defendant shall be delivered to transport the defendant to the demanding state. MCL 780.7; 18 USC 3182.

17. If no agent appears to transport the defendant within 30 days of the defendant’s arrest under the Governor’s Warrant, the defendant may be discharged. 18 USC 3182.

How to Get Bond When Arrested for Extradition

Although persuading a judge to grant a reasonable bond for someone awaiting extradition is complex, it is possible. The defendant’s best hope is a lawyer with vast experience and a track record of success advocating for bonds during the extradition process. The defense attorneys with LEWIS & DICKSTEIN, P.L.L.C. have fought for and won low bonds in extradition cases for decades. If you or a loved one is in custody anticipating or fighting extradition, call us for a free consultation. We will take the time to listen, answer your questions, address each of your concerns, and find a way to help.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.