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Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
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Experience:  Attorney and Counselor at Law
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If i have a warrant for felony robbery in missouri, which

Customer Question

If i have a warrant for felony robbery in missouri, which states will not allow extradition while i fight my case?
Submitted: 1 month ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 month ago.

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Expert:  Colleen Grady replied 1 month ago.

I will have your answer in a few minutes. I am typing it now.

Expert:  Colleen Grady replied 1 month ago.

48 of the 50 states have entered into an agreement to return citizens wanted on warrants back to the state that issued the warrant. The agreement is called The Uniform Criminal Extradition Act. The only two states that have not entered into this agreement is your own state of Missouri and South Carolina.

Even though South Carolina did not enter this interstate agreement, they do have a law that those wanted in another state will be returned to a state requesting this return. Here is what that law says:
SECTION 17-9-10. Warrant for fugitive charged with crime in another state; temporary confinement; right to bail.
Any officer in the State authorized by law to issue warrants for the arrest of any person charged with crime shall, on satisfactory information laid before him under the oath of any credible person that any fugitive in the State has committed, out of the State and within any other state, any offense which by the law of the state in which the offense was committed is punishable either capitally or by imprisonment for one year or upwards in any state prison, issue a warrant for such fugitive and commit him to any jail within the State for the space of twenty days, unless sooner demanded by the public authorities of the state wherein the offense may have been committed, agreeable to the act of Congress in that case made and provided. If no demand be made within such time the fugitive shall be liberated, unless sufficient cause be shown to the contrary. Nothing herein contained shall be construed to deprive any person so arrested of the right to release on bail as in cases of similar character of offenses against the laws of this State.

SECTION 17-9-15. Extradition of person charged in requesting state with committing act in South Carolina or third state which intentionally resulted in committing an offense in requesting state.
Upon the demand of the executive authority of another state, known as the requesting state, the Governor of this State may surrender a person in this State who is charged in the requesting state with committing an act in this State or a third state which intentionally resulted in committing an offense in the requesting state. The person must be charged in the requesting state in the manner set forth in Section 17-9-10; provided, however, the person need not have been in the requesting state at the time of the commission of the crime in that state and need not have fled from that state. However, the provisions of this chapter not otherwise inconsistent with this section apply to the case.
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