Question by Katjia: what states won’t extradite over a NH misdemeanor child endangerment charge and jumping the bail?
Child services is investigating, and have temporarily given guardianship to the child’s grandparents. I have not gone to an arraignment on the criminal charge, my bail was $ 1,000, the charge is for being at a party and leaving my 10 year old alone. Are there any states, if not, suitable countries that won’t extradite me back to NH?
Answer by KC V ™
When looking at our laws concerning Extradition, there are a few requirements for this to occur.
In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires:
An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, and
Such document must charge the fugitive demanded with having committed treason, felony, or other crime, and
Such document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.
The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.
An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released.
Cases of kidnapping by a parent to another state would be automatic involvement by the US Marshals department.
Extradiction does not NORMALLY include misdemeanor cases.
Child custody issues are somewhat different because of the children.
My best suggestion is you contact an attorney to represent you!
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