In Arizona, Extradition under A.R.S. §13-3855 and A.R.S. §13-3857 refers
to the process of transporting an arrested individual from the State of Arizona to
another State or County where the other jurisdiction has to pick you up within ninety
(90) days or you will be released. Extradition between States is "Interstate" warrant
and between Counties in Arizona is "Intrastate" warrant that issues a "Fugitive of
Justice" warrant for an outstanding criminal charge.
You may challenge the extradition and make the prosecutor demonstrate probable cause
that you should be charged in the first place. However, you can always "waive"
extradition and allow yourself to be voluntarily transferred.
The prosecutor in an Interstate warrant would require the other jurisdiction to
submit a "Governor's Warrant" with supporting documents and request Arizona's Governor
to issue a "Warrant of Extradition" back to the original state. Once you receive this
Warrant, you can then challenge the Warrant with an "Extradition Hearing."
You can challenge the extradition on "Identity" grounds as you are not the person
the other State is seeking and fingerprints do not match, then your can be released.
Retaining an attorney can help in being able to contact the prosecutor who is holding
you and work with a Prosecutor to negotiate a possible "self-surrender" with the
local Judge and to have you released from custody so as to appear in Arizona
allowing, time for you to make arrangements with work and family.
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