law enforcement/legal question

RJK said:

The warrant is from New York, not a Federal warrant, correct?
The subject must be held for an extradition hearing. At that hearing, he can waive extradition or fight it. If he fights it, representatives from New York must appear and validate the warrant.
Usually, the crime must be a very serious one for the original state to go through the expense. As far as they are concerned, having the individual out of their hair (in another state) is almost as good as having him behind bars, and much cheaper. If the state holding the warrant declines to come and get the individual, the arresting agency must turn him loose, if that's the only charge.

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jeseymour said:

I need to know what happens when a fugitive is arrested in one state and sent back to the original state. Here's the scenerio - guy is a fugititve wanted on an escape warrant from New York. This sounds like a state warrant, not federal.

He's arrested in New Hampshire by a team consisting of US Deputy Marshals and local law enforcement. I have him taken to the local town hall, held there briefly, then moved to the county lockup until they can get him on a JPATs flight to Albany. Does this make sense? No. Nearly every police station in New Hampshire has the ability to temporarily hold a prisoner. If the town in which he was arrested does not have a temporary secure holding area, the police would go to the next town that did. Prisoner would be charged with being a fugitive from justice (New Hampshire needs its own crime to hold him -- you don't know the validity of an out-of-state warrant). This would NOT be done at the town hall, unless the police station was also in the town hall.

After the police get all the paperwork done (US Marshalls would be long gone), either the local police or county sheriff would transfer to the county jail where he would be held until his court hearing.

Court hearing would probably be the next morning. At that hearing, prisoner would be advised of the charge against him (fugitive from justice). Technically you can ask for bail, but your chances are next to impossible. Prisoner would be asked if he wants to go back to New York. If he agrees, NH will probably drop its charge and let NY know they can pick him up whenever it wants.

Or he can say he likes NH (probably will, we have better jails). In that case, an extradition hearing would be set up in about two weeks, where NY has to proof the validity of their warrant. Prisoner can appeal this decision to the superior court if he doesn't like result. Otherwise, this stays in the dirstrict court for the town where he was arrested.

Who has jursidiction? New Hampshire on the fugitive from justice charge. I'm assuming the Marshals. No, local cops are the arresting officers. US Marshalls and county sheriff and state police are there to assist.

He can't fight extradition, because he's not in the custody of New Hampshire, right? Wrong. As long as the warrant is from the State of New York, NH has custody until he is released.

From talking to a New Hampshire based Deputy Marshal I already know that the USMS does use the county lockups and does have JPATs flights going in and out of New Hampshire (although he wouldn't tell me the airport.) Manchester, Concord, Portsmouth, Berlin, Keene, and Lebanon are the principal points. However, depending on where in NH he is being held, NH is only about 2 hours from Albany. More likely he would be driven. And NH in that situation might transport him to Cheshire County, which is the jail nearest to NY.

When my guy gets to Albany, would he have a hearing and sentencing on the escape there or would it be in the county where the original warrant was sworn out (where the state prison he escaped from is located?) He would be transported to the prison he escaped from. That prison would hold him unless he was transferred (very likely). Remember he still has the underlying sentence that he escaped from. There is a state prison in NY outside of Albany, but I'm not sure exactly where.

Once he's back in New York, I assume the state takes over to ship him out to prison. I know this is a lot of nit-picky information, and I might not even use all of it, but I want the background there. Anybody have a clue?

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jeseymour said:

Thanks for the replies.

Yes it's a state warrant from New York. Subject escaped from a maximum security state pen (Clinton) where he was serving time for murder. Subject has three previous escapes on his record. Subject has been a model citizen since moving to New Hampshire and has no New Hampshire warrants. You can actually ignore the escape warrant. He is an inmate, subject to arrest on that. This covers the situation before the prison has a chance to charge someone with escape. What would happen in this situation is US Marshall would contact town police. Town police would swear out an arrest warrant for fugitive from justice. They would then go to his house on that arrest warrant and arrest him on that. Other than the US Marshall being there, this would be just like an arrest for any other crime.

Remember, without a valid NH arrest warrant, no one has any authority in this type of situation to take him into custody (this is very different from stopping him in a vehicle and identifying him). The statute is RSA 612:2 http://www.gencourt.state.nh.us/rsa/html/lix/612/612-mrg.htm

Would there be a point in fighting extradition? He knows he's going back, and although he has a long history of being uncooperative, he is cooperative at this point. He does not deny that he is who they are looking for. The only advantage I can see in fighting extradition would be more time in NH where his family is, but he's not keen on seeing them from behind bars anyway. Seriously, NH has better jails than NY. A lot less hard core. Other than that, no reason.

Police station is in the town hall. This is a tiny town northwest of Concord (think one of the hill towns, Jim.) They have a holding cell in the basement, but are not set up for long term confinement. Police stations aren't set up for long-term confinement anywhere in NH. You're probably looking at either Grafton or Merrimack County. Grafton's county seat and jail is in Haverhill, NH (not pronounced like it reads -- it's only two syllables). Lots of towns there fit your description. You might also want to look at New London, whose police department was in the town hall (town offices on the first floor, police in the basement). Police provided secure confinement through a big ring set in the floor and ankle shackle. This may well have changed as it's over 10 years since I went there. New London is Merrimack County whose county Hilton is in Boscawen, NH. Nice place, newly rebuilt.

So it's looking like he would be arrested by the original marshals, who would go back to where they came from, he'd be transferred to the county lockup, have a hearing in the morning, and get handed back over to the USMS for transport to New York, not necessarily by plane. Or driven by New Hampshire to the border closest to New York and handed over to New York? How much paperwork is my local police chief looking at? Is the guy in his custody, officially, between the time the marshals pick him up and he gets handed off to the county? Or is he in NH state custody? Would he be fingerprinted at the local PD? Is his lawyer going to need to come up from New York for this? He is in custody of the arresting town, acting as an agent for the State of New Hampshire. His actual body would be in the county jail, although he stands a serious probability (based on his record) of being transferred to the SHU (Secure Housing Unit -- maximum security) of the NH State Prison (Concord, NH). New Hampshire holds him on the fugitive from justice charge until he is transferred to New York, either direct or through the US Marshall. If he is driven, it would be NY state prison officials who pick him up. He would be fingerprinted and processed at the town, and then when he goes to the county jail.

His NY lawyer would probably not show up, unless he is a private pay. When the case comes up in front of the judge, the judge will grab a local attorney who's in the courtroom, and volunteer him/her. Bright side for the attorney is this requires absolutely no skill.

Paperwork is no worse than for any arrest. Most of the paperwork would actually be generated by the NH Attorney General and be photocopies of what NY faxes over.

So when he gets to NY, is there a sentencing hearing on the escape charge and would that be up in Clinton county? He'll plead no contest to the escape, does that mean they can skip the formal hearing? Clinton doesn't want him back, he's off to Attica at this point. Persistent Felony Offender, looking at life without possibility of parole. Which means he might immediately go to Attica, which is more likely to involve a plane trip. In NH, he would be charged with a Class B felony, escape, which is 3 - 7 years in prison if you get the whole thing. To be sentenced for additional time, he would have to go to court and be sentenced by a judge. Even inmates with life sentences are charged and tried for escape.

You know, all of this is like one chapter in my novel, but I really want to get it right.

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RJK said:

@ Jim - an escape warrant can be issued following an escape from a city/town lockup, or a county jail. The escapee may not yet have been found guilty of the crime for which he is being held.

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