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Extradition

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119 Nev. 229, *; 70 P.3d 747, **; 2003 Nev. LEXIS 29, ***; 119 Nev. Adv. Rep. 27

“Extradition” is most commonly used to refer to interstate extradition, which is the removal process of a person who happens to have an arrest warrant issued by one state for an individual who later is picked up in some other state or jurisdiction.

Generally, a suspected fugitive in Nevada is arrested based on some other requesting state's warrant charging the suspect with a crime. In Las Vegas, Nevada these matters are handled by the “Q cases unit” of the Clark County District Attorney’s Office. (C. Conrad Claus was a member of the Q cases unit for a period of time and worked on extraditions from the prosecution side). The Clark County District Attorney’s Office will file a fugitive complaint against the suspect in Clark County. The suspect is arraigned and held in custody pending issuance of a Governor's warrant from the other state. Bail is not normally issued in these sort of cases though an attorney familiar with the local process can sometimes acquire a bail for an alleged fugitive. The alleged fugitive can then either deny the allegations in the complaint or waive formal extradition at this time. Once extradition is complete, one way or another, a competent attorney can assure that the local Nevada charges are dismissed.

Meanwhile, the prosecutor in the demanding state assembles the appropriate extradition papers, which are submitted to the Governor of the demanding state. The Governor of the demanding state submits the requisition, or formal demand, accompanied by the supporting documents, to the Governor of Nevada. The Governor of Nevada reviews the request and then issues a warrant of extradition that commands the arrest and rendition of the fugitive. The fugitive is then arraigned on the Governor's warrant and, on request, given the opportunity to challenge its validity.

Extradition may be challenged before the Governor's warrant is issued. The challenge process starts under NRS 179.197 in Justice Court where the alleged fugitive is given a chance to procure an attorney and, if that attorney determines that there is a basis for a challenge, in granted time to apply to the district court for relief through a writ of habeas corpus. Guilt or innocence may not be inquired into except to contest fugitive’s identity. If the challenge is unsuccessful, the appropriate agency in the demanding state is notified and sends law enforcement agents to return the fugitive to the demanding state. When Nevada detains a person due to an extradition to another state, most states allow that person to receive credit for the length of time in custody towards the person’s open charge in that state. Likewise, in cases where Nevada extradites a person from another state to face Nevada charges, that person will receive credit for any time he or she spends in custody in that other state awaiting extradition.

All extradition cases are very serious. They most typically result in immediate incarceration without bail even in cases where the alleged fugitive is innocent. They also typically result in the alleged fugitive facing a new Felony charge in Nevada (Fugitive from Justice). If you or a family member has been arrested in Nevada on a warrant from another state, or arrested in another state on a warrant stemming from a Nevada case, it is important to talk with an attorney as soon as possible. Having handled extradition matters from both sides (as a prosecutor and a defense attorney), C. Conrad Claus is well equipped to represent alleged fugitives in Nevada.

Pertinent Nevada laws regarding extradition

JOSHUA I. NIETO, Appellant, vs. THE STATE OF NEVADA, Respondent. -- No. 39976

PAUL DAVID CASTRIOTTA, Appellant, vs. THE STATE OF NEVADA, Respondent. -- No. 26057

DIRECTOR, NEVADA DEPARTMENT OF PRISONS, Appellant, v. CHESTER LEE BLUM, Respondent -- No. 13103

ROBERT C. MARTINEZ, Appellant, v. SHERIFF OF CLARK COUNTY, NEVADA, Respondent -- No. 7924

THE STATE OF NEVADA, Petitioner, v. SECOND JUDICIAL DISTRICT COURT, STATE OF NEVADA, COUNTY OF WASHOE, Respondent -- No. 6205

JAMES D. JERNIGAN, Appellant, v. SHERIFF, CLARK COUNTY, NEVADA, Respondent -- No. 6106

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