How can you file a motion to fight extradition from TX to TN?

Answer 1

You hire a criminal defense atty in TX to file in the court in TX to ask that the extradition not be granted.

Answer 2

Basically you can't, because to fight the extradition you would have to file the motion in TN, because that's where your crime was committed. so just let them pay your way to TN and take the vacation.

Answer 3

This is the law as it appears in Deleware. However, it being a federal thing, it applies throughout. Call up your defense attorney and get them started on it. If you are not being charged can they cannot extradite you. If you are being charged, and do not have an attorney, they'll get you one. Discuss with your attorney. Here is the legislation as it stands now.


TITLE 13
Domestic Relations
CHAPTER 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT
Subchapter VIII. Interstate Rendition
§ 6-801. Grounds for rendition.

(a) For purposes of this chapter, "Governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.

(b) The Governor of this State may:

(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or

(2) On the demand of the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. (69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1.)

§ 6-802. Conditions of rendition.

(a) Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.

(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.

(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order. (69 Del. Laws, c. 238, § 1; 75 Del. Laws, c. 64, § 1.)

Answer 4

Most dont fight extradition as its a losing battle.

Answer 5

You'd have to argue against the plain text Article IV of the Constitution.

"A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime."

Hard to do. But that why we have criminal defense lawyers.

Answer 6

What was the crime or charge?