-I'm here with Michael Becker, one of the top Las Vegas
criminal defense lawyers.
And Michael, today I want to talk
about extradition, and more specifically
extradition into Nevada.
So let's say that somebody gets charged with a crime
here in the state of Nevada, and they get released on bail
or they get cited out, and they leave the state.
They go back to California.
They go back to Texas, and they don't return to face charges.
Is there recourse?
Can the state of Nevada reach out to another state,
and bring them back in to face those charges?
-Absolutely.
If you have a warrant in the state of Nevada,
and you're in a different state, and you get arrested,
and that felony warrant shows up,
you're going to face what's called extradition, which
means that you will go into custody in the state, which
would be called the asylum state where you're at.
And the home state, or demanding state, Nevada,
would ask that state to return you
to Nevada to face criminal charges.
-So let's say you're in Texas, you get arrested in Texas,
they find out you have this warrant in Las Vegas.
Does Texas have to send you back?
I mean, is it in their discretion?
Is there some sort of treaty in place?
-There is.
Texas would be required to return you
to the state of Nevada, and it has
to do with full faith and credit,
that they would have to give respect
to a neighbor or a different state,
whether it's a neighboring state or an outerlying state.
And there are agreements that are in place that states
have to return fugitives when they're
caught in a foreign state.
-Well, let's say that I want to have my case heard in Texas.
I mean, I got charged with a casino marker in Las Vegas,
and I don't think they're going to be fair to me
as a Texas out of state resident.
I live in Texas.
It's convenient for me to stay home in Dallas
and take care of it there.
Can I insist on taking care of it in Texas,
or do I have to go back to Nevada for the charge?
-That's not possible.
You would have to return to the state of Nevada.
Ultimately, if you were caught in Texas, for example,
and a Texas judge was being asked to make determinations
regarding to your extradition, the issue
would be it wouldn't be whether the law in Nevada
was a good law.
It wouldn't be whether you were guilty of violating
the law in the state of Nevada.
The only issue would be-- there would be two issues.
One, was the proper paperwork in order
to justify the extradition?
And two, are you the person that's being sought in Nevada?
So if you had a extradition hearing,
once the court found that those two burdens had been met,
you would be ordered extradited.
-Now Mike, you have clients or potential clients
that call you from all over the country
and find out that they have a warrant in Nevada.
What typical advice do you give them?
Or how do you proceed in that situation?
Someone called you from Florida, and said
I have an active warrant out of Vegas?
What do you do?
-The advice that I would give is it's very important
to get that warrant in Nevada quashed before you get arrested
in a different state, because if you get arrested
on an extradition warrant, the chances are
you're going to sit for an extended period of time
in custody in a different state awaiting extradition.
And often courts in another state
will not set bail on an extradition warrant.
So for example, if you got arrested
for a marker case in Nevada in Florida,
you could expect to be in custody for 30 days or more
in the state of Florida awaiting extradition to Nevada.
Whereas, if you hire counsel to file a motion to quash,
we could go into court, get that warrant quashed.
It may require you return to Nevada to appear in court,
but you might never have to spend any time in custody
over a warrant.
-Now, what about-- I mean, is there
a difference between felonies and misdemeanors?
I mean, let's say I pick up a trespassing charge, a low level
misdemeanor in Las Vegas, and I get a citation.
I'm supposed to go to court in a month.
I blow it off.
I don't come back.
Are they going to try to extradite me for that,
or is it only the more big crimes?
-Rarely would a demanding state seek
to extradite over a misdemeanor charge.
Although legally they could, it's very rare.
But you would still have an active warrant
in the state of Nevada.
You would just not be deportable from the state of California
on that warrant in the future.
-It would still show up on background checks presumably.
-That's correct.
So there's still reason to clear up the warrant
if you plan to go back to that state,
or otherwise want to just handle your legal affairs.
-And I guess the take home message for our viewers
is that every situation is different.
It's often very complex.
But if you find out that you have a warrant here in Nevada,
out of Nevada, call us at Las Vegas Defense Group,
and we'll figure out the best strategy for getting it cleared
and dealing with the charges.
-That's correct.
If you're out of custody and you know you have a warrant,
it's always best to handle it before you find yourself
in a situation where you are arrested in a different state,
and then you need a lawyer.
You need not just one lawyer, but then you'd
need two lawyers, one to represent you in the state
where you were in custody and one to represent you in Nevada.
-So it always makes sense to get legal counsel
and be proactive in these situations.
-That's correct.
And normally if we go into court and file a motion to quash
and you voluntarily present yourself
to face a warrant that exists, you're in far better standing.
More often than not, you might even
get released on your own recognizance.
The theory being that if you are taking affirmative steps
to handle the matter, there's not much reason
to think that you're going to flee after that.
-I'm Attorney Michael Becker with the Las Vegas Defense
Group.
If you currently reside outside the state of the Nevada
but you have a warrant in the state of Nevada,
call me at 702-DEFENSE, and we'll
talk about what we can do to resolve your problem.