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Ely
Ely, Counselor at Law
Category: Criminal Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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is there extradition to tennessee if I get stopped in any other

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is there extradition to tennessee if I get stopped in any other state in the U.S. if I have a stalking and Harassment charge against me in Tenessee.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow ups and my replies because I am typing out my answer, or taking a quick break.

The answer is yes. All fifty state and other US jurisdictions practice extradition to other US states/jurisdictions. If you have an active warrant against you, you may be held by another state/jurisdiction and TN will have 10 days to claim you and request extradition (not counting weekends, holidays, and transit time). You may object to the extradition and TN would then request a "Governor's Warrant" hearing that would be held on the extradition matter (generally, extradition is always granted).

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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Customer: replied 2 years ago.
I got stopped in Tx. and they dont extradite for stalking in Tn. so what about the other states if I get stopped for a traffic violation and they see that I have a warrant out for my arrestfor stalking and harrasment
Expert:  Ely replied 2 years ago.
Hello,

Well, generally, yes, they do. If TN chooses not to exercise extradition, then Texas will not hold you. I do not know who told you that Texas does not extradite for stalking - Texas will extradite for any valid misdemeanor or felony warrant (Texas Code of Criminal Procedure §51.13). Texas will even extradite for a family court warrant of not paying child support (Texas Family Code §159.801).

Technically speaking, if you have a warrant out for anything, Texas may extradite. It depends if the original state/jurisdiction where the matter is pending wants the Defendant back. Texas, like most other states including TN, has enacted the UNIFORM CRIMINAL EXTRADITION ACT which essentially allows the states extradite for any reason as long as there is a warrant. Finally, United States Constitution, Article IV, Section 2 states that a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on the demand of the executive authority of the State from which he fled, be delivered to the state that requests him.

Yes, if you are stopped for a traffic stop - or go to the DMV to get your license renewed, etc - you may be arrested on the spot. It happens all the time. That is what officers say when they say "you have a warrant out for your arrest" when they stop you for a traffic violation.

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

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Customer: replied 2 years ago.
Can I get extradition from another state if I get stopped for a traffic violation in that state and they see that I have a warrant out for my arrest for stalking and harrassment in Tennessee.?
Expert:  Ely replied 2 years ago.
Hello,

I amended my answer to included that but you may have viewed the answer before I did so:

Yes, if you are stopped for a traffic stop - or go to the DMV to get your license renewed, etc - you may be arrested on the spot. It happens all the time. That is what officers say when they say "you have a warrant out for your arrest" when they stop you for a traffic violation.

So yes, they will, if the officer runs a thorough background check which most officers do at every stop as the first thing after taking your license (that is what happens while you are waiting in your car for 5-15 minutes after they take your license and go back to their vehicle).

I hope you found my answer helpful, and if so please do not forget to click ACCEPT. This is the only way for me to get credit for my work – I receive no credit for my time with you unless you actually press ACCEPT, even if you already have a subscription. If you need more information, please use the REPLY button and I’d be more than happy to answer to your satisfaction. There is no fee for follow up questions before or after accepting, if we continue the conversation. If you feel that I went an extra step to help you, a bonus in the form of another accept or an “add on” (available after you accept) is truly appreciated. You can always link to my profile for another question at a later time:

http://www.justanswer.com/law/expert-elyJD/
Customer: replied 2 years ago.
I really dont understand about this because the police officer in Tx. told me that they dont extradite for this situation and your telling me they do. He did not arrest me and he told me that he is going to give me a warning for the traffic violation.
Expert:  Ely replied 2 years ago.
Hello,

You got lucky, in essence. The police officer decided not to pursue this matter. Another officer would have. After all, officers can make a subjective call as whether or not to do something.

I am not here to argue with you. I have provided you with both the state and federal laws that state that Texas can and does extradite if TN requests it:

UNIFORM CRIMINAL EXTRADITION ACT
Texas:
http://law.onecle.com/texas/criminal-procedure/51.13.00.html

Tennessee:
http://law.justia.com/codes/tennessee/2010/title-40/chapter-9/

US CONSTITUTION
Article IV, Section 2
http://en.wikipedia.org/wiki/Extradition_Clause

If you choose to disbelieve me, that is your right, of course. Just be careful.
Customer: replied 2 years ago.
Relist: Inaccurate answer.
I told Ely that the police officer in Tx. stopped me for a traffic violation and just gave me a warning for the violation and the officer told me there was a warrant out for my arrest in Kingsport, Tn. for stalking and harassment but they dont extradite from Tx. to Tn. for this situation and my question was do they extradite from any other state if I get stopped for a traffic sitation? Do they extradite for this specific situation or ?not? Maybe I dont understand the answer clear enough, can you help me? Thanks
Customer: replied 2 years ago.
what more do you need?
Expert:  Ely replied 2 years ago.
Hello,

Please understand that it is up to the local authorities to detain you and ask the state with the warrant if they want to extradite. The local officer may have not acted on this because:

1) He simply decided you were a nice guy and thought you'd take care of this on your own
2) He was too busy
3) The District Attorney of the Texas county that you were in has a standing rule about not holding individuals with "lesser" misdemeanors for extradition due to the cost of holding you in county jail, a heavy docket, etc.
4) Any combination of the above.

You were lucky, but you may not be so lucky next time. Yes, they do extradite for this specific situation if TN requests it ordinarily, but the factors above come into play.

my question was do they extradite from any other state if I get stopped for a traffic sitation?

Yes, any state, per either Uniform Criminal Extradition Act and the Article IV, Section 2 of the US Constitution. Sometimes, local authorities decide not to detain you and contact the state with the warrant to see if they want you extradited per the reasons stated above. But officially, you are to be held, TN contacted, and they have ten days to request extradition. You may be let go one - or twice - but sooner or later you will be extradited if/when you are pulled over or otherwise are detained by an officer of the law, be it in Texas or elsewhere.
Customer: replied 2 years ago.
thanks for your help Ely . How do I pay you for your time?
Expert:  Ely replied 2 years ago.
You are very welcome. You can press accept if satisfied, but if you want to discuss this further, please use the reply button and I'd be happy to discuss this with you.
Customer: replied 2 years ago.
Do I consult a attorney in Kingsport, Tn. or where I am now in , California?
Expert:  Ely replied 2 years ago.
TN would be the proper state to seek counsel in. You'd have to go back to TN to settle the matter.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 86709
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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