Louisiana Extraditing Criminal Laws

An extradition warrant can result in an indiviual being arrested and delivered to another state or country.
••• handcuffs image by William Berry from Fotolia.com

When a wanted criminal is found to be living in another jurisdiction, such as another state or country, the authorities that have issued the warrant can file an extradition request. The extradition document requests that local law enforcement apprehend the individual and hand him over to the location where he is wanted. Each state and country has their own rules for how extradition requests are handled, and Louisiana is no different. The Louisiana State Legislation has very specific regulations to govern such situations.

Article 262

The extradition of wanted criminals is addressed by Article 262 of the Louisiana Code of Criminal Procedure. Titled as CCRP 262, this law grants the governor of the state the authority to have a wanted criminal arrested and delivered to the authorities in the state or country that has executed a warrant against the individual.

This authority is given to the office of the governor with regard to any person who has fled to Louisiana after being charged with a felony, as well as anyone who is wanted for sentencing in a crime or who has fled in an attempt to avoid serving a sentence. Article 262 deals with felonies specifically and makes no provision for misdemeanor offenses.

Article 262.1

Article 262.1 is part of the Louisiana Code of Criminal Procedure and is a sub-section of the primary law dealing with the extradition of wanted criminals. The subsection deals with requests to extradite individuals who were not present during the commission of the crime but contributed to the act being committed in some manner. Article 262.1 gives the governor of Louisiana the authority to have this individual arrested and extradited. The extradition is at the discretion of the governor and is not mandatory.

Article 263

The Louisiana Code of Criminal Procedure (CCRP) identifies the requirements for making an extradition request in Article 263. This article states that requests for extradition must be delivered to the office of the governor in writing and must clearly state the reason why the extradition of the person is being requested. The governor’s office will ignore all requests that do not meet this criteria.

Additionally, the request for extradition must be accompanied by a statement of facts by the prosecutor in the jurisdiction where the crime occurred, as well as a copy of the formal indictment. If no affidavit is available, the requesting jurisdiction may also submit a copy of an affidavit made before the office of the magistrate, together with a copy of the warrant that was sworn against the individual. In the event of cases that have been tried in absentia, a copy of the judgment of conviction is sufficient.

Related Articles