Anyone that lives in Nebraska and pays attention to the news knows that Interstate 80, which runs east to west across the state, is one of the main pathways for drug travel. As a result, there are many checkpoints and drug busts on this stretch of highway in Nebraska. If you were arrested for drug charges of any kind in Nebraska, including possession with intent, you will be taken to jail. From there, you can make bail. Often, those who do fail to reappear in court and will have a standing warrant. If this is you, you are probably worried that Nebraska will extradite you back to stand trial for your original charge plus more charges. This is a possibility, but there is more to it than that.
What Is Extradition?
Extradition occurs when someone has an outstanding warrant and is found in another state. For example, someone who was arrested, made bail, and failed to appear in court in Nebraska is then found in Ohio. Nebraska can then request that Ohio extradites, or surrenders, that person. Nebraska will arrange for that person to be transported back to the state in order to address the warrant.
Some states will exercise this right and others won’t – often it depends on the severity of the charge. In some cases, Ohio may ask for that person back to sentence them again.
Extradition Laws in Nebraska
In Nebraska, extradition is explained by Nebraska Revised Statute 29-730, which states the legal authority by which someone can be held by Nebraska and surrendered to another state, as well as the authority to which a fugitive wanted in Nebraska, maybe extradited back to serve a sentence.
For extradition back to Nebraska, the law says the following in 29-751:
“When the return to this state of a person charged with crime in this state is required, the prosecuting attorney shall present to the Governor a written application for a requisition for the return of the person charged in which application shall be stated the name of the person so charged, the crime charged against him or her, the approximate time, place, and circumstances of its commission, the state in which he or she is believed to be, including the location of the accused therein at the time the application is made and certifying that, in the opinion of the said prosecuting attorney the ends of justice require the arrest and return of the accused to this state for trial and that the proceeding is not instituted to enforce a private claim.”
Often, there is some collaboration between the states to ensure the process is as smooth as possible for them, not for the accused.
How Likely Is Nebraska To Extradite A Fugitive?
If you or someone that you love is a fugitive from Nebraska and currently in another state, you may ask yourself whether or not Nebraska will extradite you. The truth is that the legal system is sometimes overwhelmed and a state won’t always extradite someone. The decision isn’t taken lightly and is on a case by case basis. Typically, an experienced lawyer can predict whether or not you may be extradited by looking at how badly the state will want you back and by looking at the state’s resources. Sometimes, it is unpredictable.
An experienced lawyer can look at the severity of your crime. It isn’t common for a state to extradite over a misdemeanor. However, felonies of all kinds, even lower-level ones, have been extradited before now. For non-violent felonies, the chance of being extradited is low. If you are were charged with a serious felony or there were severe injuries to a victim, Nebraska is likely to extradite. Remember that extradition costs money and takes time. The closer the state is to Nebraska, the more likely it is that extradition will happen. For example, if someone was found in Kansas, extradition is expected. If someone was found in Maine, it is less likely.
Contact A Nebraska Drug Lawyer As Soon As Possible
If you or someone that you love is facing the possibility of extradition in Nebraska, it is in your best interest to consult with an experienced Nebraska drug lawyer immediately. He will help you to sort out the facts of your case and offer assistance. For help as soon as possible, contact a Nebraska drug lawyer at 844-545-3022.