A fugitive is a person who commits a felony in one state or jurisdiction and flees to another state. Extradition is the court process of returning that fugitive to the jurisdiction or state in which they are wanted.
If someone is apprehended in Minnehaha County who is wanted out of another state, they are charged as a Fugitive from Justice. The fugitive will appear in court where he/she will have the opportunity to discuss their case with an attorney. At the court hearing, the defendant has the choice to waive or refuse to waive extradition.
If the person waives extradition, a waiver will be signed and the other jurisdiction will be notified to pick up the fugitive. The person will be picked up usually within 10 days.
If the person refuses to waive extradition, the judge will issue a bond and set another court date. The other jurisdiction will be notified to obtain a Governor’s Warrant. This must be received in Minnehaha County within 90 days. Once the Governors warrant is received another hearing is scheduled. During this hearing the judge will review the warrant and issue a waiver for the fugitive to return. The other jurisdiction will be notified to pick up the fugitive.
If a fugitive from Minnehaha County is apprehended in another jurisdiction the same process is followed in the jurisdiction they are being held.
