When a fugitive from one state is arrested in another state, the accused person will decide whether to contest or to waive extradition. In a current case, a New York man was arrested in another state on a warrant from this state that alleges sex offenses against him. He is in custody in that state awaiting extradition proceedings.
After a request for extradition, along with a description of the charges, is sent from this state and received by the asylum state, the accused is taken before an appropriate judicial authority in the asylum state and the charges are read to him. He may decide to challenge the extradition, but the grounds for defeating extradition are rather narrow. For example, if the man is not a fugitive from the other state and is not the person identified in the referring papers, he can with good reason challenge the extradition and defeat it.
A challenge may not be made, however, on the merits of the charges against him, so that he may not argue that he is innocent and should not be returned to face unjustified charges. This keeps the grounds for challenging extradition quite limited. Due to comity and uniform extradition legislation between the states, extradition will usually be granted, and there is usually not practical benefit for the accused to challenge the process.
With respect to the 22-year-old man awaiting extradition back to New York on sex offenses charges, he is accused of imposing “unwanted and unacceptable” conduct on a child under age 11 over a 2-year period. After he is returned to this state, the accused and his criminal defense counsel will engage in an intensive review of the charges and the actual events that occurred. Defense counsel will conduct a field investigation where necessary. The defendant is entitled to an aggressive, fully engaged defense. This is a constitutional necessity made particularly necessary because occasionally the statements of minor victims may be inaccurate, exaggerated, mistaken, created through imaginary thought processes or by the suggestion of overbearing adults.
Source: wtvq.com, “Central NY fugitive arrested in Kentucky; awaits extradition“, Dec. 18. 2015