NC Extradition Manual

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Text of NC Extradition Manual

State of North Carolina

EXTRADITION MANUALJames G. Martin, Governor

1987Prepared by the INSTITUTE OF GOVERNMENT The University of North Carolina at Chapel Hill

THE INSTITUTE OF GOVERNMENT, an integral part of The University of North Carolina at Chapel Hill, is devoted to teaching, research, and consultation in state and local government. Since 1931 the Institute has conducted schools and short courses for city, county, and stale officials. Through guidebooks, special bulletins, and periodicals, the research findings of the Institute are made available to public officials throughout the state. Each day that the General Assembly is in session, the Institute's Legislative Reporting Service reports on its activities for both members of the legislature and other state and local officials who need to follow the course of legislative events. Over the years the Institute has served as the research agency for numerous study commissions of die state and local governments.John L, Sanders, Director Faculty Stephen Allred Rebecca S, Ballcntinc A, Fleming Bell. H Joan G. Brannon William A, Campbell Stevens H. Clarke Ann C. C'lontz Anne M. Dcllinvcr James C. Drennan Richard D. Ducker Robert I -Farb Joseph S. Ferrell S. Grady l-'uHcrton Philip P. Green, Jr. Milton S.Heam, Jr. Joseph H. Hunt Kim J. Jenne Jeffrey S. Koeze David M. Lawrence Dona G. Lcwaiidowski Charles D. Liner Ben F. Loeb, Jr. Ronald G. Lynch Janet Mason Richard R. McMahon Laurie L. Mcsibov Joseph K Miller Robert E. Phay Roger M. Schwar/ Benjamin B. Sender Michael R. Smiih Stephen K. Straus Mason P. 'ITiomas. Jr. A. John Voiit L, Poindexter Walls Warren J. Wicker

Robert L. Farb EDITOR Connie E. Robinson EXTRADITION SECRETARY John C. Hunter Assistant Legal Counsel Office of the Governor Administration Building 116 West Jones Street Raleigh, North Carolina 27611 PHONE (919) 733-2737 Roger W. Knight, former Assistant Legal Counsel, assisted in the preparation of this manual. Copyright 1987 Institute of Government The University of North Carolina at Chape! Hill Made in the U.S.A.

Design fry Ted Clark

CONTENTSEXTRADITION GENERALLY / 1 FUGITIVE FROM NORTH CAROLINA FOUND IN ANOTHER STATE / 5 Crimes Subject to Extradition / 5 t~lo\v Chan of Proceedings I 6 Duties of the Law Enforcement Officer / 7 Duties of the District Attorney / 8 Duties of the Clerk of Court / 9 Duties of the Agent Sent to Bring the Fugitive Back / 10 Checklist of Documents Needed for an Extradition Request /' 10 When the Fugitive Has Escaped From Custody or Violated Probation or Parole / 13 Extradition of Military Personnel / 14 Other special cases / 14 Agreement between the Governor and Itie District Attorney and the Armed Forces / IS FUGITIVE FROM ANOTHF.R STATE FOUND IN NORTH CAROLINA / 16 Flow Churl of Proceedings / 17 Duties of the Arresting Officer / 16 Before an Arrest Is Made /16 If the Arrest Is Made Without a Warrant I 16 If a Warrant Is to Be Obtained Before You Make the Arrest / 18 If the Fugitive Has Not Yet Been Charged in the Other Slate /19 Duties of the Magistrate /19 If the Officer Comes to You Before Arresting the Fugitive / 19 If the Officer Brings in the Fugitive After Arresting Him Without a Warrant / 20 If the Officer Arrested the Fugitive on the Basis of a Warrant and Is Now Bringing Him Before You / 21 If the Fugitive Has Been Arrested on a Governor's Warrant / 22 When the Fugitive Has Not Yet Been Charged with a Crime in the Other State / 22

if / Extradition Manual Duties of die Clerk of Court / 23 When the Fugitive Is First Arrested / 23 If the Fugitive Waives Extradition in District Court .' 23 If the Fugitive Refuses to Waive Extradition / 24 Duties of the District Attorney / 25 When the Fugitive Is First Arrested / 25 When the Fugitive Appears in District Court at the End of 30 Days / 25 When a Governor's Warrant is Issued / 26 When the Fugitive Applies for the Writ of Habeas Corpus / 26 If the Fugitive Is Also Charged with a Crime in North Carolina / 27 Duties of trie District Court Judge / 27 When the Fugitive Is First Arrested .' 27 The First Appearance Before a District Court Judge / 27 When the Fugitive Returns to Court After 30 Days / 28 When a Governor's Warrant Has Been Issued ,' 29 If the Fugitive Wishes to Waive Extradition / 29 Duties of the Superior Court Judge / 29 When the Fugitive Is First Arrested / 29 When the Fugitive Applies for a Writ of Habeas Corpus / 29 If the Fugitive Wishes to Waive Extradition / 31 STATUTES / 32 SOME LEGAL ISSUES IN EXTRADITION / 41 INTERSTATE AGREEMENT ON DETAINERS / 45 RETURN OK JUVENILES / 46 FORMS / 47 Fugitive Affidavit (AOC-CR-9I1M) / 48 Warrant for Arrest for Fugitive (AOC-CR-910M) / 49 Magistrate's Order for Fugitive (AOC-CR-909M) / 51 Waiver of Extradition (AOC-CK-912M) / 52 Application for Requisition (normal} (GOV. 1) / 53 Certificate (to be attached with warrant and affidavit) (GOV. !-A) t have the same date as the warrant. Some states will not extradite if the date of the affidavit (for example, January 25, 1987) shows thai it was issued after the date that arrest warrant was issued (for example, January 20, 1987). Therefore, when a warrant was issued without an accompanying affidavit (oral swnrn testimony is sufficient to support an arrest warrant in North Carolina), a new arrest warrant must be issued so that the dates of the arrest warrant and the affidavit will be the same. An affidavit is clearly not necessary when the charging document is an indictment, though a few other states prefer to have an affidavit then also. Certification of documents. If a warrant and affidavit are submitted, they must be accompanied by a certification of the magistrate or judge who issued the warrant or took the affidavit. A clerk of court may certify copies of documents when he is the keeper of the original. Each copy must be certified. Certifications of office. When a judge or magistrate certifies a document, the clerk of court must certify that person's official character. Then a district court or superior court judge must certify the official character of the clerk. And in turn the clerk must certify the official character of the judge who certified the clerk. The indictment. If the fugitive has been indicted, the indictment should be submitted rather than the arrest warrant. The district attorney should make certain that the indictment properly charges the offense and has been signed by the foreman. He should also check to sec that it cites the statute violated. The authenticity of each copy must be certified by the clerk of court, the official character of the clerk certified by ihe judge, and the official character of the judge certified by the clerk. Application for a requisition. This form, included in this manual's Forms section, must be filled out in full. Note that it includes the following information: The fugitive's full name, properly spelled.

12 / Extradition Manual A statement that in the district attorney's opinion the ends of public justice require that the fugitive be brought to North Carolina for trial. A statement that the district attorney believes that he has sufficient information to convict the fugitive. The names and addresses of the agents who are to bring the fugitive back to North Carolina from the other state and a statement that the persons recommended as agents arc proper persons and have no private interest in the arrest or conviction of the fugitive. A statement whether there has been any earlier application for requisition of the same person for the same transaction, including the date of such request, and a slatemcnt of the reason for the present request if there was an earlier one, If the fugitive is under arrest in the other state, a statement that he is under arrest, the nature of the proceedings, and the place (with complete address) where he is in custody, if known. If the fugitive is out on bail, the date of his hearing should be stated. If the fugitive's home or business address is known, that should also be stated. The source of this information should be given. A statement that the application is not made for the purpose of enforcing the collection of a debt or for any private purpose whatever, and that if the requisition is granted, the criminal proceeding will not be used for any such purposes, A statement of the crime charged and the approximate time, date, places, and circumstances of its occurrence. This statement should include a citation to the statute violated. A statement that the person was in North Carolina when the crime was committed and has since fled. Or if the person committed an act in another state that intentionally resulted in the crime in North Carolina, that feet must be stated, If the crime did not occur recently, an explanation for the delay in making application. The requisition form provides blanks for all this information or notes the need to include the information. Certification of the district attorney. Again, the clerk must certify the official character of the district attorney who submits the application, and in turn the clerk must be certified by a judge, who must then be certified by the clerk. Note that only one such certification of official character per official is required, no matter how many documents that official has signed. Special affidavits. In any case involving fraud, false pretense, embezzlement. or forgery, there must also be an affidavit of the principal complaining witness or informant that (a) the application is made in good faith for the sole purpose of criminal punishment, and (b) he docs not desire or expect to use the prosecution for the purpose of collecting a debt or for any other private purpose, either directly or indirect!v. If such an affidavit is not included, a good explanation for its absence must he given.

Fugitive From North Carolina / U Photograph and fingerprints of the fugitive. Many stales now require some identification of the fugitive. Th

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