Extradition to Ohio for DUI Charges
Extradition is the process of transferring a person from one state to another because of a warrant issued by the latter state. This procedure is often long and drawn-out, and can leave the defendant sitting in jail for weeks before a resolution is achieved. It is critical to consult with a defense attorney to explore all of your legal options and help you regain your freedom.
Cincinnati DUI Extradition Attorney
Whether you are being extradited to the Cincinnati area, or from another state to Ohio, the experienced criminal defense lawyers at Joslyn Law Firm are here to help. Our legal team will fight to make sure your rights are protected, petition for your release from holding in prison, and ultimately pursue a favorable outcome in your case.
If you are dealing with extradition to or from Ohio, don't just wait around feeling trapped. Contact Joslyn Law Firm today at (513) 339-6289 for your free consultation, one on one with a highly qualified defense attorney from our team.
Information on Ohio State and Federal Laws Regarding Extradition
- Extradition Laws in Ohio under ORC §§ 2963.01 – 2963.35
- The United States Uniform Criminal Extradition Act
- Realistic Potential Alternatives to Extradition from Ohio
- Hiring the Best Ohio Extradition Defense Attorney for Your DUI Case
This section of Ohio's Revised Code dictates the terms in which the state governor can arrest and deliver any person found in Ohio who is accused of treason, a felony, or other crime to the authorities of that state. This process is commonly reserved for serious felonies, and can include DUI.
Not all extradition cases involve an accused or convicted felon fleeing the state to try to avoid charges. The most common DUI extradition case involves violation of felony OVI probation, which can be the result of a simple miscommunication issue between the individual and his or her probation officer or attorney.
Additionally, if you allegedly commit a felony DUI offense in another state than your home state, but are not charged until after your return, you may still face extradition.
No state's extradition process is the same, however the United States Congress created a process for interstate extradition cooperation that all states have adopted some version or provisions of. The Uniform Criminal Extradition Act defines a standardized process for returning fugitives who have left the state where the crime occurred while avoiding due process violations, mistaken identity, and poor record keeping. Because of the UCEA, every state now has some variation of the following extradition requirements:
- The requesting state must issue a valid arrest warrant
- The governor or equivalent authority of the requesting state must issue a formal written request
- The accused must be provided due process protections like a hearing and legal representation
- The accused must be given the opportunity to waive his or her right to due process through waiver of extradition
- If extradition is not waived by the accused, the court must examine the case for sufficient supporting facts and legal compliance
- Once the court has conducted the hearing or a waiver of extradition is executed, the demanding state must take custody and transport the person within 30 days
An experienced legal team will be able to help you navigate this process whether you are being extradited from Ohio, just because of a DUI charge.
Extradition is a lengthy process that involves plenty of money and valuable resources. A district attorney or judge will likely be open to hearing a reasonable alternative from your defense lawyer if one or more can be argued. Usually, these alternatives involve options such as:
- Request to withdraw warrant so defendant can voluntarily appear for court
- Intervention with prosecution to reduce charges
- Motion to dismiss charges
- Motion to suppress evidence
- Request termination of probation
- Emergency bond hearing to set bond
- Any situation where the defendant is released from custody in order to voluntarily face charges in the state where he or she is accused
Every case is different and time is usually a factor in the ability to execute these strategies. The sooner you contact an experienced defense attorney, the better your chances may be at getting a favorable outcome.
Awaiting extradition without a competent defense attorney can mean days, weeks, even months of jail time for a defendant. If you or a loved one have been arrested for extradition on a OVI or any other offense in Hamilton County, Butler County, Greene County, Warren County, Franklin County, Clinton County, or Clermont County, contact the legal team at Joslyn Law Firm.
We will use any defense necessary to protect your rights and get you out from behind bars so you can return to your life. Your first consultation is free, so call (513) 339-6289 or use our convenient online contact form to schedule yours today.