Extradition

Extradition to Bexar County, TX

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.

Attorney for Extradition to Bexar County, TX

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.

Call (210) 738-8383 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.

Additional Resources

Extradition Transport Section of the Bexar County Sheriff’s Office – The Extradition Transport Section travels all over the United States picking up prisoners who have been arrested by other law enforcement agencies on felony arrest warrants issued in Bexar County, TX. The Bexar County Sheriff’s Office also uses a private company to transport prisoners back to Bexar County.

Fugitives from Justice – Visit the website of the Texas Legislature to learn more about Chapter 51 for fugitives from justice contained in the Texas code of criminal prosecution. Also, find information on the rights of an accused person in an extradition proceeding and the written waiver of extradition. This website also provides information on extradition proceedings under Article 51.13, Code of Criminal Procedure.

Extradition Law Training Course by the Texas Justice Court Training Center – Visit the website of the Texas Justice Court Training Center to find out more about the course that provides the training required for justices of the peace to hold extradition hearings. Learn more about why HB 1125, passed during the 2013 Legislative Session, modified Chapter 53, Section 10 of the Code of Criminal Procedure. Although historically in Texas, only judges of a court of record could hold waiver of extradition hearings, Texas law now allows justices of the peace to hold extradition hearings if they are attorneys or if they have had training in extradition law through TJCTC.

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.