Best Extradition Lawyers in Baltimore

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Gordon Rees Scully Mansukhani, LLP.
Baltimore, United States

Founded in 1974
1,688 people in their team
English
As the only law firm with offices and attorneys in all 50 states, we deliver maximum value to our clients by combining the resources of a full-service national firm with the local knowledge of a regional firm. Featuring more than 1,000 lawyers nationwide, we provide comprehensive litigation and...
Alperstein & Diener, P.A
Baltimore, United States

Founded in 1978
8 people in their team
English
Alperstein & Diener, P.A. is a Baltimore, Maryland-based law firm founded in 1978 by Arthur Alperstein and his partner A. Jerome Diener. A core team of eight dedicated attorneys handle a broad spectrum of matters, reflecting the firm's commitment to practical, results oriented representation across...
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1. About Extradition Law in Baltimore, United States

Extradition in Baltimore is part of the broader interstate and international framework for moving fugitives. The process is shaped by federal law and state level statutes enacted to coordinate transfers between jurisdictions. In Baltimore, a defendant or a person wanted for crime in another state may be surrendered after a formal request and review process.

Two key legal pillars drive this area: federal statutes for interstate requests and state level rules that Maryland uses to implement those requests. The federal backbone includes provisions that govern how extraditions are initiated and conducted between states. Maryland relies on a widely adopted model called the Uniform Criminal Extradition Act to align its procedures with other states while preserving local courtroom safeguards. See federal and state sources for precise procedures and timelines.

Understanding the basics helps residents of Baltimore know what to expect if they become involved in an extradition matter. Common phases include a fugitive request, an initial appearance or hearing, potential bail considerations, and the actual surrender process if the Governor approves the extradition. For many, the most important step is obtaining experienced legal counsel early in the process.

Key sources include federal statutes such as 18 U.S.C. § 3182 and § 3184, and state level guidance on the Uniform Criminal Extradition Act. See official resources for detailed text and updates: 18 U.S.C. § 3184 and Uniform Criminal Extradition Act.

Source notes: Extradition is a federal and state collaboration that governs transferring a fugitive from one jurisdiction to another. See official federal and uniform act resources for detailed procedures.

2. Why You May Need a Lawyer

A Maryland or Baltimore resident may need an extradition lawyer in several concrete scenarios. These examples reflect real-world situations that can arise in Baltimore and nearby jurisdictions.

  • A Baltimore suspect is arrested in Pennsylvania on a warrant from Maryland. You need counsel to evaluate whether the extradition request complies with federal and Maryland law and to plan a possible bail strategy while the case is reviewed.
  • A Maryland defendant faces a fugitive warrant from New Jersey while in Maryland. An attorney can challenge improper service, verify the basis of the warrant, and seek to delay surrender if due process requires it.
  • A relative in Baltimore is taken into custody under a governor's warrant for extradition to another state. A lawyer can review the governor's decision, request hearings, and explore possible waivers or alternative arrangements.
  • A person in Baltimore is charged in another state and gets arrested there but asks to stay or contest extradition. An attorney can advise on waivers, the option to contest extradition, and timelines for return or trial scheduling.
  • A Maryland resident is incidentally in another country and a foreign extradition request is received. Specialized counsel is needed to navigate international treaties and the U.S. legal framework governing international extraditions.
  • A case involves the Interstate Agreement on Detainers (IAD) and cross-jurisdiction detainers. A lawyer can coordinate timing for hearings and ensure rights to speedy disposition are protected.

3. Local Laws Overview

Baltimore and the state of Maryland operate within both federal extradition rules and Maryland specific procedures. The formal process is anchored by federal law and Maryland’s adoption of the Uniform Criminal Extradition Act to facilitate cross-state transfers while safeguarding the rights of the accused.

Federal framework includes 18 U.S.C. § 3182 (Extradition of fugitives from justice) and 18 U.S.C. § 3184 (Judicial proceedings in extradition). These statutes establish the path from a demand for surrender to the actual transfer when appropriate. See the official text of these provisions for exact wording and requirements: 18 U.S.C. § 3182, 18 U.S.C. § 3184.

State level framework in Maryland uses the Uniform Criminal Extradition Act to harmonize extradition procedures across states. The Uniform Act provides the structure for how a state requests surrender and how the receiving state processes those requests. See the Uniform Law Commission for the model act text: Uniform Criminal Extradition Act.

Maryland specifics include the Maryland Criminal Procedure Article provisions that govern how extradition requests are handled within the state, including review by Maryland courts and the Governor in the surrender process. For Maryland-specific text, consult the Maryland General Assembly and state judiciary resources: Maryland General Assembly and Maryland Courts.

Another related device used in cross-jurisdiction matters is the Interstate Agreement on Detainers (IAD), which coordinates pre-trial detainers across states. The federal courts provide guidance on detainers and related timing. See the U.S. Courts information page for detainers: IAD information.

4. Frequently Asked Questions

What triggers interstate extradition between states like Maryland and New York?

Interstate extradition is triggered when one state requests the surrender of a fugitive who is in another state. The request must be supported by the appropriate warrants and a formal extradition packet, reviewed under federal and state law before surrender is ordered.

How do I know if I am a fugitive from justice in an extradition case?

A fugitive from justice is someone charged with a crime in one state and found in another. A formal extradition request is usually issued by the demanding state and then reviewed by Maryland authorities for compliance and rights protections.

What is the typical timeline for an extradition case in Baltimore?

Timeline varies by complexity, but expect initial hearings within days to weeks of arrest, with surrender decisions possibly within weeks to a few months. Delays may occur for legal challenges or additional evidence requests.

Do I need a lawyer to handle an extradition matter in Maryland?

Yes. A lawyer helps challenge improper procedures, assess the strength of the extradition request, and protect your rights through hearings and bail considerations.

What is the difference between an arrest warrant and an extradition warrant?

An arrest warrant authorizes local detention for a crime in that jurisdiction, while an extradition warrant is issued to transfer a fugitive to the requesting state after a valid extradition process.

How much can extradition legal services cost in Baltimore?

Costs vary by case complexity and attorney experience. Typical charges include consultation fees, court time, and potential hourly rates or flat fees for specific motions or hearings.

Can I fight an extradition request in court?

Yes. You may challenge the sufficiency of the warrant, improper service, or legal grounds for surrender. A Maryland judge will review the request and any defenses.

Should I waive extradition or fight it in Maryland?

Waiver depends on your case facts, risk of flight, and potential sentence. A lawyer can advise on immediate waivers and the best strategic approach in your jurisdiction.

Where are extradition hearings held in Baltimore?

In Maryland, initial proceedings are typically conducted in the local circuit court with jurisdiction over the defendant, followed by any appellate steps as needed. Your attorney can identify the exact court based on your location.

What is the Governor's role in extradition in Maryland?

The Governor has a role in the surrender decision after a judicial process; counsel may file motions or petitions to review or expedite this process when appropriate.

Is there a difference between state extradition and international extradition?

Yes. State extradition is governed by the Uniform Criminal Extradition Act and federal law; international extradition involves treaties and international law, often with additional steps and agencies involved.

Do I need to disclose all prior criminal history in an extradition hearing?

Yes. Full and accurate disclosure helps the court assess flight risk and the potential impact on bail and the surrender decision.

5. Additional Resources

  • U.S. Department of Justice - Extradition: Official federal guidance on interstate extradition processes and related procedures. Justice.gov Extradition
  • Uniform Law Commission - Uniform Criminal Extradition Act (UCEA): Model act text and state adoption information. UCEA details
  • Maryland Courts: Official Maryland judiciary resources for extradition procedures and case management. Maryland Courts

6. Next Steps

  1. Identify a Baltimore attorney who specializes in extradition and cross-jurisdictional criminal matters. Look for proven familiarity with UCEA and Maryland procedures.
  2. Collect all documents related to the case before the initial consultation, including warrants, charging documents, arrest records, and any detainer notices.
  3. Schedule a consultation to discuss your goals, potential defenses, bail options, and expected timelines. Ask about prior extradition cases handled in Maryland.
  4. Assess the availability and timing of hearings, bail requests, and potential motions to challenge the surrender. Clarify fees, billing structure, and estimated total costs.
  5. Confirm the lawyer will coordinate with Maryland authorities and, if applicable, the requesting state, to ensure proper service and procedural compliance.
  6. Discuss potential waivers or expedited surrender options and the likelihood of success, given the facts and jurisdictional rules.
  7. After hiring, follow your attorney’s instructions precisely and provide any information promptly to avoid delays in the process.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.