What happens if a state refuses to extradite?
Asked by: Lilla Watsica | Last update: January 31, 2026Score: 5/5 (10 votes)
If a U.S. state refuses to extradite a fugitive from another state, it's a federal violation of the Extradition Clause of the U.S. Constitution (Article IV, Section 2, Clause 2); the demanding state can petition federal courts to compel the governor's action, as governors have a constitutional duty, not discretion, to extradite under the Uniform Criminal Extradition Act (UCEA). While some historical instances of governors defying requests occurred (like California's refusal for Dennis Banks), courts now generally enforce the duty, though grounds for denial, such as lack of proper documentation or human rights concerns in the demanding state, can be raised in judicial hearings.
Can a state refuse to extradite?
There are only four grounds upon which the governor of the asylum state may deny another state's request for extradition: the extradition documents facially are not in order; the person has not been charged with a crime in the demanding state; the person is not the person named in the extradition documents; or.
What happens if you refuse to waive extradition?
If you do not agree to the waiver, a formal extradition hearing will typically be required. While this may provide an opportunity to contest the extradition, it could also prolong the legal process, resulting in extended detention.
How hard is it to fight extradition?
It is nearly impossible to fight extradition, so if you are extradited, it's likely that you will be brought under jurisdiction of the requesting country. The United States has a rule on extradition between states called the Extradition of Fugitives Clause.
What states do not expedite fugitives?
Because federal law regulates extradition between states, there are no states that do not have extradition. As of 2010, Florida, Alaska, and Hawaii do not extradite for misdemeanor convictions committed in another U.S. state.
How extradition works or doesn't | Fugitives Next Door
How to avoid extradition?
A fugitive may not be subject to extradition for any number of reasons, if he or she is a national of the country of refuge and that country does not extradite its nationals, the crime is not an extraditable offense, the statute of limitations has run in the foreign country, or the fugitive has been prosecuted in the ...
What crimes can you not be extradited for?
Non-extraditable crimes are offenses that countries refuse to transfer individuals for, often due to political motivations, lack of dual criminality (the act isn't a crime in both nations), the fugitive being a ** national of the refuge country**, concerns about human rights/death penalty, or simply because the crime is considered too minor (like some traffic offenses/misdemeanors), leading to high costs for extradition. Common reasons for denial include political offenses, threats to human rights, insufficient evidence, or the offense not being criminalized in the requested country.
What makes a case not extraditable?
Extradition may be denied if the requested country believes that the individual will face unfair treatment, torture, or the death penalty in the requesting jurisdiction. Many countries have laws or treaties prohibiting extradition under these circumstances to protect human rights.
What is the 72 hour rule in jail?
The "72-hour rule" in jail generally means law enforcement must bring an arrested person before a judge or file formal charges within 72 hours (excluding weekends/holidays) of arrest, or the person must be released, though this is a guideline, and delays (especially for lab results) can occur. This initial appearance, called a preliminary hearing or arraignment, determines bail and appoints counsel, influencing the case's early direction.
What crimes lead to extradition?
You can be extradited for a wide range of serious crimes like murder, drug trafficking, terrorism, robbery, rape, kidnapping, arson, burglary, fraud, and espionage, typically defined in bilateral treaties or international conventions, requiring the crime to be punishable by both the requesting and requested jurisdictions ("dual criminality") and often excluding minor offenses, political crimes, or cases involving your own citizens. Extradition usually involves formal charges or convictions and sufficient evidence, focusing on serious felonies rather than minor misdemeanors.
What is the benefit of waiving extradition?
Interstate Extradition Laws. The Uniform Criminal Extradition Act (UCEA) governs waive extradition law between states in the United States. Under this act, individuals can waive their right to extradition hearings, allowing for a more expedited transfer process.
Why would someone not want to be extradited?
Extreme hardship. Defendant is suffering extreme hardship. This may be due to defendant's old age, youth, health issues or family issues. These issues should also be presented to the demanding state to persuade the demanding state to decide against extradition.
Why are some warrants not extraditable?
Non-extraditable and Extraditable Warrants
Generally, more serious charges are extraditable, and less serious offenses are non-extraditable. Why? Because of money. The “issuing State” must pay the arresting State/County jail fees plus the costs of transportation.
Where can I go to not be extradited?
Top 10 Countries without Extradition to the US in 2026
- Asia: China, Vietnam, Laos, Cambodia, Indonesia, and Nepal.
- Middle East: Iran, Syria, Lebanon, and Yemen.
- Europe: Belarus and Montenegro.
- Africa: Eritrea, Ethiopia, Somalia, and several other African countries with limited or inactive treaties.
Who pays for extradition?
All costs or expenses incurred in any extradition proceeding in apprehending, securing, and transmitting a fugitive shall be paid by the demanding authority.
Why avoid extradition?
Political nature of the alleged crime
Countries may refuse extradition to avoid becoming involved in politically motivated cases, or gaining a bargaining chip over a rival state.
How much is $20 worth in jail?
With $20 per month, the prisoner could at least purchase soap, quality toothpaste (and a quality toothbrush), and batteries for their radio. Even a single check for $15 could allow a prisoner to purchase a few comforts which would traditionally be outside of their reach.
What is rule 21 in jail?
Upon the defendant's motion, the court must transfer the proceeding against that defendant to another district if the court is satisfied that so great a prejudice against the defendant exists in the transferring district that the defendant cannot obtain a fair and impartial trial there.
What is the shortest time spent in jail?
The shortest recorded prison sentence is famously one minute, given to Joe Munch in Seattle in 1906 for being drunk and disorderly, a symbolic sentence by a judge to teach a lesson. More recently, Shane Jenkins was sentenced to 50 minutes in the UK in 2019, serving the time writing apology letters. Legally, sentences can be very short (even just 24 hours or less), but the actual "shortest" depends on judicial discretion and the specific case.
When can a state refuse extradition?
Lack of probable cause; Mistaken identity (i.e., you're not the person being sought); Errors in the extradition documents; or. The offense does not qualify for extradition under California law.
Where can you not be extradited?
Which Countries Are Commonly Considered “Non-Extradition”?
- Armenia. Armenia does not have a bilateral extradition treaty with the United States. ...
- China. China has no extradition treaties with the US or the UK and does not extradite its nationals. ...
- Saudi Arabia. ...
- United Arab Emirates (UAE) ...
- Vietnam. ...
- Indonesia. ...
- Morocco. ...
- Montenegro.
How to stop extradition?
Here are some ways you can challenge extradition:
- Lack of Probable Cause: The defendant can attempt to argue that there is no real probable cause for extradition. ...
- Mistaken Identity: One of the most common ways to challenge extradition is to claim mistaken identity.
How bad does a crime have to be to be extradited?
There are certain types of crimes that are more serious and can lead to direct and immediate extradition. These include treason, felony crimes and anything that involves fleeing from justice in the location when he or she is found in another area.
Who makes the final decision on extradition?
The Secretary of State is the U.S. official responsible for determining whether to surrender a fugitive to a requesting state. Pursuant to 18 U.S.C.