Governor’s Warrant

How Does a Governor Warrant Work?

The process behind a governor's warrant begins when the prosecuting or demanding state identifies that a person has fled to another state and there is probable cause to issue an out-of-state arrest warrant for an offense committed in the prosecuting state. The arrest warrant is one of the documents required for the extradition of fugitives under the Uniform Criminal Extradition Act (UCEA). Other extradition documents may include an affidavit from the prosecutor confirming the identity of the fugitive and any other document that may help establish probable cause.

Once the prosecutors have prepared the necessary extradition documentation, it must be submitted to the Governor of the prosecuting state. The Governor will review the documentation to ensure compliance with applicable laws, such as the UCEA, and sign a formal extradition request.

Afterward, the signed requisition and accompanying documents are forwarded to the Governor of the harboring state for review. If, upon review, the Governor finds the request valid, an extradition warrant will be issued for the arrest of the fugitive.

Note that the UCEA forms the legal framework for interstate cooperation for the extradition of fugitives. The law contains requirements and guidelines for extraditing fugitives from the harboring states to demanding states. The law has been adopted in nearly all states in the United States. Non-adoption states have local laws mirroring the federal statute.

When Does The Harboring State Must Honor The Governor Warrant?

A harboring state is a state where a fugitive is physically domiciled upon fleeing from the demanding state where they are wanted for an offense. Upon getting a valid extradition request from the demanding state, a harboring state is responsible for apprehending the fugitive and facilitating the fugitive's return to the demanding state.

Article IV, Section 2 of the United States Constitution outlines the obligations of the harboring state in facilitating the delivery of a fugitive to the demanding state. That section, also known as the extradition clause, states that a person charged in a state with felony, treason, or another crime who flees from justice and is found in another state must, on demand of the executive authority of the state from which they fled, be delivered up and removed to the state having jurisdiction of the crime.

Other than the United States Constitution, the Uniform Criminal Extradition Act (UCEA), adopted by most states in the United States, consolidates cooperation between states in matters of extraditions. Typically, under these laws, the harboring state's legal obligations include reviewing the demanding state's extradition request, issuing a governor's warrant, providing an extradition hearing, and facilitating the surrender of the fugitive to the demanding state.

Although federal and state laws are harmonized in interstate cooperation on criminal matters, they provide limited circumstances under which the harboring state may legally refuse to comply with extradition requests. Some of these conditions include:

• Failure to Meet Legal Requirements: If the demanding state sends insufficient or incomplete documentation that cannot be used to fully establish probable cause, the harboring state may refuse to issue a governor’s warrant. Also, if there is not enough information to verify the fugitive's identity, a governor's warrant may not be issued.
• Civil Disputes and Non-Extraditable Offenses:If the offense for which a fugitive is charged is not criminal but civil, the harboring state may not comply with the extradition request of the demanding state. Offenses for which fugitives are extraditable are typically criminal.
• Humanitarian or Public Interest Concerns:In rare cases, a harboring state may refuse to extradite a fugitive on humanitarian grounds, such as severe health conditions or risks of facing cruel treatment in the demanding state. For example, if there is concern that extradition would expose the fugitive to excessive punishment or a violation of constitutional rights, the harboring state may exercise discretion to delay or deny extradition.
• Pending Local Charges: If a fugitive faces separate criminal charges in the harboring state, that state has the right to complete its legal proceedings before complying with the extradition request. In such cases, the harboring state may temporarily detain the fugitive until their local charges are resolved.
• Mistaken Identity:If the arrested individual can prove they are not the person named in the Governor's warrant, the harboring state may refuse to extradite based on mistaken identity. Cases of mistaken identity are typically proven in the extradition hearing.

How Long Does a Governor Warrant Process Take?

The time it takes for an extradition warrant to process varies depending on the specific circumstances in the case. While it takes, on average, between 1-2 months in cases with no complications, the timeline may be much longer in complex cases. For instance, it may take 1-2 weeks to gather the required documentation for an official extradition requisition to be submitted to the Governor of the harboring state. After that, it may take law enforcement authorities in the harboring state several weeks to locate a fugitive, especially if the fugitive is actively evading arrest.

Upon the arrest of the fugitive, legal challenges may extend the delivery of the offender to the demanding state. Typically, a fugitive is entitled to an extradition hearing to confirm the validity of the extradition request and ensure proper procedures are followed. However, the period may be shortened if the fugitive waives their right to a hearing and agrees to return voluntarily. Generally, most states in the United States allow up to 60 days for the demanding state to transport fugitives after their arrests.

Note that negotiations between the harboring and demanding states may arise over logistics and other bureaucratic issues. However, once the harboring state clears the fugitive for extradition, the demanding state has a limited time, usually up to 30 days, to physically take custody of the fugitive. Usually, upon clearance, law enforcement from the demanding state travels to the harboring state to escort the fugitive back.

What Happens After a Governor Warrant is Issued?

Once a governor's warrant is signed and issued by the Governor of the harboring state, law enforcement officers like police or sheriff deputies swing into action to find and arrest the fugitive. Upon arresting the fugitive, they must be informed of their legal rights, such as the right to legal counsel and an extradition hearing. Pursuant to federal law, the scope of the court hearing in such an instance is limited to questions of identity and whether the extradition documents are appropriate. Typically, the court in the harboring state will not review the merits of the underlying criminal charges.

Rather than allow the matter to be contested in court, a fugitive may waive an extradition hearing or contest the hearing in a court in the harboring state. If the fugitive waives a hearing or the court in the harboring state upholds the Governor's warrant, the harboring state will authorize the fugitive’s transfer to the demanding state.

Before the transfer of the fugitive of the demanding state, the fugitive will be held in custody while both states complete arrangements for the transfer. Once the arrangements are complete, law enforcement officers from the demanding state will travel to the harboring state to take custody of the individual. If the fugitive is considered dangerous, logistics for the transfer will include heightened security protocols.

On arriving in the demanding state, the fugitive will face legal proceedings for the charges for which the Governor's warrant was issued. This involves an arraignment for the formal presentation of the charges, bail (depending on the circumstances in the case), and a trial. If the fugitive is found guilty at the culmination of the trial, they will be sentenced in line with the state's criminal code.

Note that a fugitive has certain legal rights during and after extradition. They have a right to legal representation, the right to challenge treatment (if they are being mistreated), and a right to protection from unlawful detention. An attempt to hold a fugitive beyond 60 days without proper legal authority may be challenged in court.

What is the Main Difference Between an Arrest Warrant and a Governor Warrant?

Anarrest warrant and a governor’s warrant may both be used to arrest and detain individuals, but they differ in purpose, authority, and scope. An arrest warrant is issued by any judge or magistrate within a state when there is probable cause to believe a person has committed a crime. It authorizes local law enforcement to arrest the individual within the issuing state’s jurisdiction. Arrest warrants are typically based on criminal activity within the state, and the individual is subject to local legal procedures once arrested.

On the other hand, a governor's warrantor a warrant of extradition is used explicitly for interstate extradition when a person wanted in one state (the demanding state) is located in another (the harboring state). The Governor of the demanding state formally requests the extradition of the fugitive by sending legal documents to the Governor of the harboring state, who then issues the Governor's warrant. This warrant authorizes the fugitive's arrest and transfer to the demanding state to face charges. The legal framework for Governor's warrants is grounded in the U.S. Constitution's Extradition Clause and federal statutes, ensuring cooperation between states.

While individuals arrested on a regular warrant have rights to a hearing and bail, those arrested on a warrant of extradition may challenge their extradition in the harboring state but cannot dispute the underlying charges. The Governor's warrant process ensures fugitives cannot evade justice by crossing state lines, while an arrest warrant is focused on detaining individuals for local legal proceedings.

How Can You Fight Against a Governor Warrant?

The scope of the legal defense available to individuals facing a governor's warrant is limited. It typically does not extend to claiming innocence of the original charges or challenging the strength of the evidence against them. Common defenses against a governor’s warrant include:

• Challenging Identity:One of the most common defenses is the assertion that the person arrested is not the individual named in the Governor's warrant. The fugitive may argue that there has been a case of mistaken identity, especially if the name or other identifying details on the warrant do not match their own.
• Procedural Defects:If facing a governor’s warrant, you may challenge a procedural deficiency in the extradition process. An example is when there is an error in the warrant itself, such as incorrect or incomplete information or a failure by the demanding state to follow the required legal steps. If the extradition documents are not properly authenticated or the warrant does not include a proper legal basis, the harboring state may deny the extradition.
• Non-Extraditable Offense:You mayargue that the alleged crime is not an extraditable offense if you are being extradited for lesser offenses like most civil offenses. If the offense for which you are wanted in the demanding state is not considered a crime in the harboring state, or the crime does not meet the criteria for extradition, the harboring state may refuse to accede to the extradition requisition.
• Expiration of Statute of Limitations:The statute of limitations refers to the time limit within which criminal charges must be brought. If the demanding state has exceeded the statutory period for prosecuting the alleged crime, the accused may argue that extradition should be denied. In such cases, the harboring state may not be legally obligated to return the fugitive.