Legal Question in Criminal Law in Minnesota

can south Dakota extradite a misdemeanor to south Dakota

Asked on 10/23/17, 4:21 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

It's my understanding that most if not all 50 states plus the federal government and D.C. have adopted the INTERSTATE AGREEMENT ON DETAINERS, as a uniform law. My understanding is also that a local prosecutor can request that a fugitive (a person named in an arrest warrant) be arrested, and held for transport to the prosecuting jurisdiction. To my knowledge, this can be done for misdemeanors. In my experience, however, perhaps due to the cost, I have seen few extraditions of people wanted on misdemeanor warrants.

Here is a link to South Dakota's statute:

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Answered on 10/24/17, 6:10 am

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