Legal Question in Criminal Law in Nevada

Extradition - Yes or No

If you are being detained in New York and want to bail out but Nevada has a hold on you what happens? What is the process? The offense in Nevada is Burglary. I heard from a bail bondsman in las vegas that the charge of burglary is not an extraditable charge. Meaning even though there is a hold Nevada won't come get the inmate. True or Not? How long does Nevada have to come get someone before they are let out on bail? Reply soon as this is extremely important.


Asked on 2/22/06, 1:13 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Extradition - Yes or No

Its not the name of the offense that establishes whether or not you can be delivered to Nevada, but whether it is a felony or a misdemeanor. Burglary 1 is a felony.

It s a lot of paperwork and the Nevada authorities may be very happy to just give you a reason to stay out of their state by leaving the warrant on the books, but not enforcing it (unless you go to Nevada and are identified).

Assuming that you are not a career criminal, you are best placed to attend to your business and then agree to go to Nevada and get this cleared up.

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Answered on 2/23/06, 4:13 pm
James Smith James E. Smith Ltd.

Re: Extradition - Yes or No

You can have an attorney in Las Vegas file a motion to set bail or reduce it. Otherwise you could be in jail for 60 days as New York awaits a Governor's Warrant from Nevada. I have seen people extradicted on burglary. It really depends on priorities. Any felony is extradictable.

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Answered on 2/22/06, 5:09 pm


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