When a court has the authority to try a case, it is called having “jurisdiction.” If a person commits a crime in Utah, Utah’s courts have jurisdiction over the resulting criminal case. Even if the offender flees hundreds of miles to another state, he or she can be tracked down, retrieved, and returned to Utah to face trial – and punishment – in Utah’s courts. This process is known as “extradition.” If you have been extradited to Utah from another state to face felony or misdemeanor charges, or if you believe that you are in danger of imminent extradition, it is urgent that you contact a Utah criminal lawyer for help dealing with your arrest warrant.
Defense attorney Darwin Overson, founder of Overson & Bugden, has more than 16 years of experience representing defendants who have been extradited to Utah to face serious criminal charges, including violent felonies. Whether your case involves assault, theft, sex crimes, drug distribution, white collar crimes, homicide, or other types of criminal charges, count on Overson Law for an aggressive, strategy-driven legal defense. We are here to protect your constitutional rights while fighting for reduced penalties, an acquittal, or even the dismissal of your charges. Call right away at (801) 758-2287 to arrange a free consultation, or contact Overson Law online.
What is Extradition?
Extradition refers to the process of being arrested in one state for a crime you are suspected of committing in another state. Generally, the law enforcement of each state only has power and authority within their respective states’ boundaries. This prevents police in Utah from going across state lines to arrest someone. The states take this division of authority very seriously. However, if a person is wanted on criminal charges in one state but has fled to a different state, the first state may request the second state to extradite the individual. Extradition allows the police to arrest you for a crime you committed in a different state and then send you back to that state for trial. Think of extradition as police departments in different states working together to arrest someone. If you think you might face extradition to Utah, call our attorney for extradition to Utah for criminal charges.
Do Arrest Warrants Follow You from State to State?
Modern technology has made it fast and easy for court systems and police departments across the U.S. to share information – including information about outstanding arrest warrants. If there is an active warrant for your arrest in Utah, a police officer in any state can potentially see the warrant and bring you into custody for extradition back to Utah. As the Utah County Sheriff’s Office Enforcement Bureau puts it, “The deputies assigned to the Warrant’s Unit demonstrate… ‘the long arm of the law’ by traveling throughout North America in the pursuit, arrest and extradition of wanted fugitives.”
Waiting for the warrant to expire is not in your best interests. Though the statute of limitations creates time limits for prosecuting certain crimes, it will not necessarily stop inactive or expired arrest warrants from being renewed. Since the clock can be reset on an arrest warrant in Utah, trying to “wait it out” in another state is not an effective strategy.
The better approach to an outstanding warrant is to contact an experienced defense lawyer in Utah, like Darwin Overson, who can provide you with clear, careful counsel regarding your rights and potential options. By acting swiftly, it may be possible to avoid or “waive” extradition and return to Utah voluntarily, which could be beneficial to the outcome of your case. From day one of your case, Darwin’s goals are to minimize the penalties you face, limit the amount of time you are held in custody, uphold your constitutional rights, and work toward a favorable outcome. Our attorney for extradition to Utah for criminal charges is here to help.
How Does Extradition to Utah Work?
Exactly how your extradition will work depends on your unique situation. Anyone facing criminal charges in Utah may be extradited to Utah if they are found in another state. However, the extradition process becomes complicated when someone is caught up in the other state’s criminal justice system in addition to Utah. It is not unusual for defendants facing extradition to Utah to be facing additional criminal charges in the other state. It is also fairly common for people incarcerated in other states to face extradition to Utah.
If you are not under the custody or control of another state, law enforcement will have to track you down in order to extradite you to Utah. Depending on your charges, this might mean law enforcement will arrest you the next time they encounter you, such as at a traffic stop. If your charges are very serious, such as for a violent felony, law enforcement might take extra steps to find you more quickly, arrest you, and extradite you to Utah. If you believe you may be wanted for extradition purposes, call our attorney for extradition to Utah for criminal charges as soon as possible.
Extradition to Utah while on Trial or Imprisoned in Another State
If you are under the custody or control of another state, then there is no need for them to track you down. They already know exactly where you are. This is often the case for people on trial for other crimes in another state or imprisoned in another state. While law enforcement does not need to track you down, extradition may be difficult because you are tied up in two states’ criminal justice processes.
If you are on trial in another state, you may be extradited to Utah. Once your trial in Utah has been completed, you will then be sent back to the other state so that you may finish your trial there as well. On the other hand, you may be allowed to complete your trial in the other state before being extradited to Utah. Either way, you will have to face trials in both states. Similarly, an incarcerated individual will be extradited to Utah for trial before being returned to the other state to finish serving their prison term.
If you are currently incarcerated in another state or facing charges in another state, and you are also wanted in Utah, contact our attorney for extradition to Utah for criminal charges for help.
Can You Be Extradited to Utah for a Misdemeanor?
Extradition to Utah is more likely to occur if the outstanding warrant involves a felony offense, such as aggravated assault (Utah Code § 76-5-103), manslaughter (Utah Code § 76-5-205), murder (Utah Code § 76-5-203), rape (Utah Code § 76-5-402), sexual exploitation of a minor (Utah Code § 76-5b-201), robbery (Utah Code § 76-6-301), kidnapping (Utah Code § 76-5-301), human trafficking (Utah Code § 76-5-309), burglary (Utah Code § 76-6-202), or aggravated sexual assault (Utah Code § 76-5-405).
Though less common, it is also possible to be extradited to Utah for a misdemeanor, such as simple assault (Utah Code § 76-5-102), harassment (Utah Code § 76-5-106), reckless endangerment (Utah Code § 76-5-112), or criminal trespass (Utah Code § 76-6-206).
Regardless of the nature of the criminal charges involved, it is risky to gamble or assume that you will not be extradited from your current state to Utah. Instead, make sure you are well-prepared by discussing your situation with a Utah defense attorney for out-of-state arrest warrants, like Darwin Overson. No matter when or why the warrant was issued, our attorney for extradition to Utah for criminal charges can help you navigate Utah’s justice system more safely, looking out for your legal rights while working to limit or avoid criminal penalties to the greatest extent possible.
Can I Be Tried for a Different Crime than the One I Was Extradited to Utah For?
When a warrant is issued for your arrest and extradition from another state back to Utah, it will describe the specific offenses for which you are wanted. However, once you have been extradited to Utah, you may be made to face the consequences for other crimes you may have committed in this state. For example, suppose you have been extradited to Utah because you were wanted for aggravated assault. In that case, you could also be tried for a burglary offense that was not mentioned in the extradition materials.
This makes extradition especially tricky because you may be put on trial for any number of offenses the state suspects you of committing. Unfortunately, there is no way of knowing what law enforcement and prosecutors plan to do with you until they have you. If you believe you may be facing numerous charges after being extradited to Utah, contact our attorney for extradition to Utah for criminal charges as soon as possible. We can defend your rights and advocate on your behalf for all your criminal charges.
Will I Be Civilly Liable for My Actions if I Am Extradited to Utah?
When someone commits a crime, they may also be held civilly liable by the victim in addition to any criminal penalties. Generally, to be brought before a civil court, you must be served with the defendant’s complaint in the state of the civil court. If you are extradited to Utah from another state, and someone else wants to serve you a civil complaint in Utah, you are shielded from the civil process.
For the purposes of being served for civil court proceedings, an extradited defendant is protected. A plaintiff cannot attempt to serve good process on you while you are in Utah as a result of being extradited. However, this protection only extends to civil liability for the criminal charges for which you are being extradited. You may still be served as part of the civil process for an unrelated action.
Once your criminal trial is over in Utah, this shield from civil liability expires and you may be served with civil process. If your criminal trial ends with an acquittal, you will be given a reasonable time to leave Utah before this protection against civil liability expires. If you face extradition to Utah, contact our attorney for extradition to Utah for criminal charges for assistance.
Utah Extradition Lawyers in Salt Lake City
Time is of the essence when it comes to extradition proceedings. If there are outstanding warrants for your arrest in Utah, it is critical to get ahead of the situation now, before you are arrested and taken into custody. If you or your family member has already been placed under arrest, you need to contact an attorney immediately.
Do not wait to begin discussing your legal options with an extradition lawyer in Salt Lake City. Contact Overson & Bugden online to schedule a free consultation, or call our law offices at (801) 758-2287 to speak with an attorney for extradition to Utah for criminal charges about your Utah arrest warrant today. We are here 24/7 to provide assistance with interstate criminal matters, including misdemeanors and felonies.