Published on 7/19/2024, 3:43:00 PM
Understanding A Fugitive from Justice Charge: What It Means in Maryland
In the realm of criminal law, the term "fugitive from justice" denotes a serious legal status with profound implications for individuals facing such charges. This article explores what it means to be charged with being a fugitive from justice in Maryland, the legal processes involved, and crucial aspects individuals should understand if confronted with this situation.
Legal Definition and Basis
According to Maryland law, specifically MD Code, Criminal Procedure, Section 9-122, a person becomes a fugitive from justice when they are wanted in another state for charges related to a crime, escaping confinement, or violating terms of bail, probation, or parole.
If you or somoene you know has been charged with fugitive from justice, it means that they've been arrested on an OUT OF STATE warrant.
My loved one was arrested for being a Fugitive From Justice, What now?
If a person is taken into custody on an out of State warrant then they will first see a comissioner, and then see a Judge for a bail review. At that bail review they will have a choice to make:
- Demand a Govenor's Warrant
or
- Waive the demand and allow the demanding State to pick them up without a govenor's warrant
What is the benefit of Demanding a Govenor's Warrant?
If you are going to demand a govenor's warrant, the benefit is that the demanding State will need to provide specifics as to what the extradition is for and produce a govenor's warrant.
What is the benefit of Waiver?
A person may also waive the demand for a governor's warrant, which is common in Maryland Fugitive from Justice Cases. This results in the possibility of bail without waiting for the demanding State to send the specifics of the warrant.
If the demanding state fails to retrieve you, then you may apply for bail sooner than if you're waiting for a govenor's warrant.
Extradition Process
Extradition is the legal process through which a person charged with a crime in one state is apprehended in another state and returned to the charging state's jurisdiction. MD Code, Crim. Proc. Section 9-102 outlines the Governor's duty to arrest and deliver individuals charged with crimes back to the requesting state's authorities. The process typically involves:
- Warrant Issuance: Upon receiving a demand for extradition, the Governor issues a warrant.
- Detention Hearing: A hearing is conducted to verify the identity of the accused and the legitimacy of the charges.
- Bail Consideration: Bail may be granted under certain conditions, as per MD Code, Crim. Proc. Section 9-116, though restrictions apply within the first 10 days following arrest.
Legal Rights and Proceedings
MD Code, Crim. Proc. Sectoin 9-115 mandates that if it is determined during a hearing that the person is indeed the subject of an out-of-state warrant and has fled from justice, they may be temporarily detained pending extradition proceedings. The accused has the right to legal representation and to challenge the extradition based on procedural grounds or the validity of the charges.
Case Law and Precedents
Maryland courts have established precedents concerning extradition requests and the rights of individuals facing charges in other states. For instance, in Audler v. Kriss (197 Md. 362, 79 A.2d 391), the court affirmed that proper certification of charges and a showing that the accused has fled from justice constitute prima facie evidence for extradition.
Frequently Asked Questions (FAQs)
What does the charge "FUGITIVE FROM JUSTICE" mean?
In Maryland this charge means that the person was arrested on a warrant from another state, and has been taken into custody to begin the extradition process to the demanding State. The person will have a hearing on the next available Court date to address release and demanding or waiving a govenor's warrant.
What should I do if I discover there's an out-of-state warrant against me?
If you discover that another state has issued a warrant for your arrest, it's crucial to seek legal advice immediately. Contacting a knowledgeable criminal defense attorney, such as those at FrizWoods LLC, who have experience in extradition matters, can help you understand your legal options and navigate the complexities of extradition proceedings.
Can I be extradited for any offense?
Extradition typically applies to serious offenses such as felonies. Misdemeanors and minor infractions may not always result in extradition proceedings, depending on the laws of the requesting state and the nature of the offense. Most warrants are classified as "extraditable" or "non-extraditable"
How long can I be held pending extradition?
Under Maryland law, a person can be detained for a period not exceeding 30 days to facilitate extradition to the requesting state. This allows time for legal proceedings and the issuance of a Governor's warrant. By waiving the formal demand for a govenors warrant, you may be released earlier.
Can I fight extradition?
Yes, individuals facing extradition have legal rights and avenues to challenge the process. This includes challenging the validity of the out-of-state charges, ensuring proper legal procedures are followed, and asserting any available defenses against extradition.
Conclusion
Understanding what it means to be a fugitive from justice in Maryland is essential for anyone potentially facing extradition or dealing with an out-of-state warrant. It involves navigating intricate legal procedures and ensuring your rights are protected throughout the process. Seeking prompt legal counsel from experts like those at FrizWoods LLC can provide invaluable support and guidance during these challenging times.
For more information or legal assistance regarding extradition matters in Maryland, visit FrizWoods LLC to consult with experienced criminal defense attorneys dedicated to protecting your rights and advocating for your best interests.
By staying informed and proactive, individuals can effectively address issues related to being labeled a fugitive from justice and work towards resolving legal matters in a fair and just manner.
