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Ask Mr. Answer Person: "How will the extradition work on the accused Kansas man being held in the Winneshiek County Jail?"

Posted: Mon, Jan 8, 2018 4:32 PM

(Some background information on the State of Kansas' request for extradition of 45-year-old David Huggins, a Linn County, Kansas Sheriff's Deputy who faces a charge of aggravated indecent liberties with a minor and a second charge of sexual exploitation of a child.)

You've probably heard of cases where a country seeks the return of someone living in another country, but facing criminal charges in the first country.  Extraditions of a suspect between states in the USA is governed by a slightly different set of rules--the "The Uniform Criminal Extradition Act."  Only South Carolina and Missouri haven't agreed to be covered by the law.

First of all, the state in which the crime was allegedly committed needs to issue a valid arrest warrant for the suspect, then make a formal request--usually by the governor's office.

That sets in motion a court hearing in the state which took the suspect into custody.  If the wanted person waived the court hearing and agrees to stand trial in the other state, or if the judge rules that the extradition request follows all legal requirements, the state which wants the prisoner then has 30 days to make a pickup--or the prisoner may be discharged.