Gaithersburg, MD asked in Criminal Law for Maryland

Q: I reside in the state of Maryland and there is possible allegations of criminal offense from a visit 6 months ago there.

Am I at risk of being extradited to Puerto Rico even though I am a resident of Maryland. Very worried. Need assistance

The allegations are in Puerto Rico 6 months ago but I live in Maryland

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: If you committed a crime anywhere in the United States or its territories (Puerto Rico is a US territory), then you are subject to extradition. Not all crimes are extraditable, such as many minor misdemeanor offenses, but many others are (including many misdemeanors carrying jail time). An arrest warrant would need to be issued in Puerto Rico for your arrest. You would then have to be arrested on it. If it is an extraditable offense, then Puerto Rico will be notified of your arrest and given the option to extradite you, which means they will have 30 days to come pick you up and transport you to Puerto Rico. If they decline to come get you, or fail to get you within 30 days, then you will be released from Maryland custody and you can no longer be extradited on that warrant from Maryland (but the warrant would remain active in all other states and US territories, so the process would start all over again if arrested on it in any other state or territory). You have a right to contest extradition, but that will in most cases simply delay the time Puerto Rico would have to come get you until 30 days after the Maryland court rules on whether extradition is permissible under the statute. In the meantime, you would be held in jail. Therefore, if there is an arrest warrant in Puerto Rico, hire a lawyer in Puerto Rico and address those charges there on your own terms before there is an arrest somewhere else and extradition becomes necessary.

Scott Scherr agrees with this answer

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