Extradition Basics: Fugitive Warrants and Governor’s Warrants

Extradition is the procedure by which a person who has committed a crime in one state, escaped from custody in one state, or violated probation, parole or post-release supervision imposed by one state and has fled to another state is returned to the demanding state. Extradition may also be sought for non-fugitives—those who commit acts punishable in another state but were not present in the state when the crime was committed. The North Carolina laws on extradition are governed by Article 37 of Chapter 15A of the General Statutes, otherwise known as the “Uniform Criminal Extradition Act.”

A law enforcement officer may, based on reliable information, arrest person who has committed a crime in another state and is located North Carolina. The officer may conduct a warrantless arrest under some circumstances, or the officer may arrest the person after a fugitive warrant is issued. A person charged with a crime in another state may waive extradition, meaning that the person has chosen to forgo the formal extradition process. If the person does not waive extradition, the demanding state must ask by way of a governor’s requisition that the governor of North Carolina issue a governor’s warrant.

The necessity of either warrant will vary by case. Not every case involving extradition involves a fugitive warrant, and not every case requires the issuance of a governor’s warrant. This post briefly describes the two warrants and their roles in the extradition process.

Fugitive warrant

A fugitive warrant is an arrest warrant issued in North Carolina based upon warrants from a demanding state seeking the extradition of a person who is believed to have fled to another jurisdiction to avoid prosecution or punishment. The issuance of a fugitive warrant is a judicial process. The demanding state’s warrants establish the probable cause for the arrest on the fugitive warrant. See G.S. 15A-723.

A judge or magistrate may issue a fugitive warrant for the arrest of a person in North Carolina charged with a crime in another state, though a magistrate typically does so. A magistrate is authorized to issue such a warrant in only three situations:

• the person is charged with a crime in another state and has fled,
• the person was convicted of a crime in another state and has fled to avoid sentencing or has escaped from custody, or
• the person was convicted of a crime in another state and has violated probation, parole, or post-release supervision by fleeing.

When issuing a fugitive warrant, the magistrate does not determine whether there is probable cause to believe the person committed the crime. Rather, the magistrate only determines whether one of the grounds for arrest exists. This determination is based on information from the officer seeking the fugitive warrant. The officer’s information must be reliable. It can be based on a DCI message, or a call, email, or other communication from officers in the demanding state.

A person arrested on a fugitive warrant may be afforded pretrial release unless the person was charged in another state with an offense punishable by death or life imprisonment. G.S. 15A-736. A person charged in another state with an offense punishable by death or life imprisonment has no right to pretrial release and should be committed to jail without conditions of release being set. Outside of these circumstances, the statutes allow the person to be afforded bail by bond with sufficient sureties (i.e., a secured bond). A person’s release on bail by bond with sufficient sureties is conditioned on the person (1) returning for a district court hearing at a specified time and (2) surrendering whenever a governor’s warrant is issued. G.S. 15A-736.

Governor’s warrant

If a person charged with a crime in another state does not waive extradition, then the demanding state must ask by way of a governor’s requisition that the governor of North Carolina issue a governor’s warrant to extradite the person. See G.S. 15A-723. A governor’s warrant authorizes the taking of a person into custody to be turned over to an agent of a demanding state. If the governor of North Carolina is satisfied that a state requesting extradition of a person found in North Carolina has met the requirements for extradition, a governor’s warrant is issued. G.S. 15A-727. A governor’s warrant is issued only after receipt of the governor’s requisition and supporting documents from the demanding state. See G.S. 15A-723, -727.

The supporting documents sent by the demanding state can vary by state. The requisition and supporting documents must, in most cases, allege that the person was present in the demanding state at the time of the commission of the alleged crime and that the person fled from the state thereafter. The only exception is for extradition of a person who was not present in the demanding state at the time of commission of the crime. The requisition must also be supported by either of the following:

• a copy of an indictment found or by information supported by affidavit in the state having jurisdiction of the crime
• a copy of an affidavit made before a magistrate in the demanding state, together with a copy of any warrant which was issued
• a copy of a judgment of conviction or of a sentence imposed in execution of the judgment, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his bail, probation, or parole. G.S. 15A-723.

The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state. The copy of indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand. G.S. 15A-723.

A person arrested on a governor’s warrant has no right to pretrial release. Such a person should be committed to jail without conditions of release being set.

The warrants operate independently.

The issuance and execution (or lack thereof) of a fugitive warrant has no bearing on whether or not a governor’s warrant will later be issued. A person who is arrested on a fugitive warrant may choose to waive extradition, and that person would be turned over to the demanding state without a governor’s warrant ever having been issued.

A governor’s warrant may be issued even if no fugitive warrant has been issued for an out-of-state offense. This could sometimes be the result of an intentional choice by the investigating agency. Additionally, where a fugitive warrant is issued, served, and later dismissed, a governor’s warrant may still be issued and executed.

I have been working closely with the North Carolina Extradition Secretary in learning more about these proceedings, and I plan to work more in this area. I welcome your questions about the extradition process. bwilliams@sog.unc.edu.