What Is Extradition?
Extradition is the process of sending a person who is wanted for a crime in one place back to that place to face charges or serve a sentence. Between U.S. states it is done under federal law and state laws: the state where the crime was charged demands the person, and the state where they are found arrests and delivers them, unless the person waives extradition. Between countries, U.S. extradition is based on treaties, goes through the courts and the Secretary of State, and can take months or years.
What the law says
- Under 18 U.S.C. 3182, when the governor ("executive authority") of a state or territory demands a person as a fugitive from justice and provides an indictment or a sworn affidavit charging a crime, certified by that governor, the authority where the person has fled must have the person arrested, notify the demanding state, and deliver the person to its agent. 18 U.S.C. 3182 (via govinfo.gov, U.S. Code 2023 edition)
- Under the same federal statute, "If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged." 18 U.S.C. 3182 (via govinfo.gov, U.S. Code 2023 edition)
- Example (Washington): a person arrested on a governor's extradition warrant must first be brought before a judge, who must tell them about the demand and the charge and of their right to demand and get a lawyer; if they want to challenge the arrest, the judge sets a reasonable time to apply for a writ of habeas corpus. Revised Code of Washington, RCW 10.88.290 (Uniform Criminal Extradition Act)
- Example (Washington): a person held on an out-of-state charge before a governor's warrant arrives may be committed to county jail for up to thirty days so the warrant can be obtained (bail is an alternative), and a judge may recommit them for a further period of up to sixty days. Revised Code of Washington, RCW 10.88.340 and 10.88.360
- Example (Washington): a person arrested in the state may waive extradition by signing, before a judge, a writing consenting to return to the demanding state; the judge must first inform them of their rights. Revised Code of Washington, RCW 10.88.430
- The Justice Department defines international extradition as a process in which one country asks another to surrender a person wanted for prosecution or to serve a sentence, and says that in the United States "international extradition is treaty based." U.S. Department of Justice, Criminal Division, Frequently Asked Questions Regarding Extradition
- International extradition generally has two phases: a court in the requested country decides whether the request meets the treaty and local law, and then an executive authority decides whether to surrender the person; in the United States, that authority is the Secretary of State. U.S. Department of Justice, Criminal Division, Frequently Asked Questions Regarding Extradition
- Private individuals cannot start an extradition request; only prosecuting authorities can, usually after charges are filed and an arrest warrant is issued. The Justice Department says extradition can take many months or years and "the United States does not control the pace" of proceedings abroad. U.S. Department of Justice, Criminal Division, Frequently Asked Questions Regarding Extradition
- The Justice Manual says most treaties allow provisional arrest of fugitives in urgent cases, after which the formal request must be submitted within a deadline that runs "from 30 days to three months, depending on the treaty"; missing it leads to the fugitive's release. U.S. Department of Justice, Justice Manual 9-15.230
- The Justice Manual states that "The government opposes bond in extradition cases"; a U.S. court's certification of extraditability is not appealable, but the person may seek habeas corpus review. U.S. Department of Justice, Justice Manual 9-15.700
- Some countries do not extradite their own nationals; the Justice Manual lists alternatives such as deportation or expulsion, Interpol Red Notices, State Department revocation of a U.S. citizen's passport when a warrant is outstanding, or asking the other country to prosecute. U.S. Department of Justice, Justice Manual 9-15.600 to 9-15.650
FAQ
Can I be extradited to another state for a misdemeanor?
The federal statute applies to a person demanded as a fugitive from justice who is charged with "treason, felony, or other crime" by indictment or affidavit; whether a state actually seeks extradition is up to its officials. The sources reviewed do not give a rule limiting extradition by offense level.
What does it mean to waive extradition?
It means agreeing to be returned without the formal governor's-warrant process. In Washington, for example, the person signs a written consent to return before a judge, who must first explain their rights.
How long can a state hold me while waiting for extradition?
Federal law says the prisoner may be discharged if no agent from the demanding state appears within thirty days of arrest. Under Washington's law, for example, the initial commitment is up to thirty days, with a possible further period of up to sixty days.
Can the U.S. extradite someone from a country with no extradition treaty?
The Justice Department says international extradition is treaty based. The Justice Manual notes a narrow statutory exception for certain violent crimes against U.S. nationals abroad, which excludes U.S. citizens, nationals, and permanent residents, and lists alternatives such as deportation by the other country.
Can a crime victim ask the government to extradite someone?
No. The Justice Department says extraditions are not initiated by individuals. Victims of crimes in the U.S. should contact local, state, or federal law enforcement; for crimes overseas, the Department refers victims to the State Department.
Is bail available in an international extradition case?
The Justice Manual says the government opposes bond in extradition cases.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.