SAN ANTONIO Extradition AttorneyS
Don Flanary is experienced in helping clients fight extradition. He is also experienced in representing clients who are being held outside of Texas while awaiting extradition back to San Antonio or Bexar County, Texas.
Call for a free consultation to find out more about the best ways to protect yourself. During the consultation, you can learn more about time limits that are imposed on the courts in these cases. Find out whether you should sign a written waiver of extradition proceedings or file a motion for a writ of habeas corpus to contest the legality of the arrest.
Extradition
If a warrant is issued for a person’s arrest because a crime was committed in Texas then the crime must be prosecuted in Texas. If the person is not located within the state of Texas, then the person can be extradited back to Texas. The process of bringing a person back to Texas to answer the criminal charges is called extradition.
The courts in Texas will also preside over an extradition proceeding under Article 51.13, Code of Criminal Procedure if the inmate is being held in Texas while awaiting extradition to another state.
Because extradition is expensive, it is usually used only in felony cases. A person who intentionally leaves the state to avoid being prosecuted is called a fugitive of justice.
If you have an outstanding misdemeanor of felony warrant issued in or around San Antonio, TX, then contact an experienced criminal defense attorney to learn more about the best way to resolve the case. In many cases, you can avoid extradition by just traveling back to the state that issued the warrant.
Call (210) 899-7566. today to discuss your case.
Waiving Extradition to Return to Texas
Texas counties bordering other states often have defendants in custody who require extradition to another state. While defendants are taken before a magistrate in these counties on a daily basis, a magistrate in a rural county is not always a court of record. Texas law once required an arrested person awaiting extradition to be taken before a court of record in Texas. Because of this requirement, the transfer of defendants was often delayed, and imposed additional costs on counties in housing the defendants until the defendants can be taken before a court of record.
In many of these cases, waiving extradition will speed up the process so that the person accused of the crime is brought back to Texas sooner and can then be released on bond sooner. The Defendant must decide whether to voluntarily waive extradition proceedings in the state and county where he is being held.
The Code of Criminal Procedure was recently amended to authorize a person arrested under the Uniform Criminal Extradition Act pending extradition to another state to be taken before a justice of the peace serving a precinct that is located in a county bordering another state, as an alternative to being taken before a judge of a court of record in Texas.
In some cases, the person being held will file a writ of habeas corpus if the prisoner wants to contest the legality of the arrest. In other cases, the person being held will decide to waive extradition proceedings in the presence of a justice of the peace serving a precinct that is located in a county bordering another state, as an alternative to waiving the proceedings in writing before a judge or any court of record. Before the waiver of extradition is executed, the person being held will be informed of his right to the issuance and service of an extradition warrant and the right to obtain a writ of habeas corpus.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Lawyer for Extradition to or From Bexar County, TX
If you are being detained in Bexar County, TX, while awaiting extradition to another state, or if you are awaiting extradition back to Bexar County while being held in another state, then contact an experienced criminal defense attorney. Don Flanary can help you understand more about your rights to the issuance and service of a warrant of extradition and the right to obtain a writ of habeas corpus.
During the consultation, he can help you understand more about the time limits imposed by the Uniform Criminal Extradition Act under Art. 51.13 in Texas. Also, find out how the interstate agreement on detainers under Art. 51.14 (often called the Texas ”Interstate Agreement on Detainers Act”) might impact your case.
In some cases, an attorney in Texas can help you request a bond from a judge or magistrate in Texas so that you can be released from custody while awaiting extradition to another state.
