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  1. #1

    Default Innocent, But Being Extradited

    My question involves criminal law for the state of:
    Texas and New Mexico

    My boyfriend was arrested in NM to be extradited to Texas. He did not flee. He moved before charges were filed. A warrant was issued based off testimonial alone, not hard evidence (false allegations). Charge is sexual assault against a child. Should he file writ of habeas corpus while awaiting extradition?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,386

    Default Re: Innocent Being Extradited

    In most cases extradition is a pretty perfunctory process. If your bf is the person sought by the Texas warrant then he will end up extradited back to Texas. He would then fight the charges in the Texas courts. Note that witness testimony IS evidence and that witness testimony alone can be enough to get him convicted. There doesn't have to be any kind of scientific evidence, video, or whatever to arrest and charge him for this crime. I realize that TV shows and movies make it seem like that stuff is needed but those shows do not give an accurate picture of how it works. He really needs a criminal defense lawyer in Texas to help him on this.

    I'll caution you that unless you were actually there to witness what happened at the time of the alleged crime you don't really know whether your boyfriend is innocent. Sure, he'll tell you and all his friends and relatives that he's innocent even if he's guilty; he wouldn't want anyone to think he sexually abuses kids and wouldn't want to undermine his case by making admissions to the crime. I have no idea if he's guilty or not, and neither do you, really. So just prepare yourself for the possibility that you might learn he's guilty.

  3. #3
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    219

    Default Re: Innocent Being Extradited

    Quote Quoting ctiffany_rei
    View Post
    My question involves criminal law for the state of:
    Texas and New Mexico

    My boyfriend was arrested in NM to be extradited to Texas. He did not flee. He moved before charges were filed. A warrant was issued based off testimonial alone, not hard evidence (false allegations). Charge is sexual assault against a child. Should he file writ of habeas corpus while awaiting extradition?
    Habeas Corpus, "You have the body". Yes, NM has him in custody under authority of a foreign arrest warrant. Therefore challenging the detention would be on what legal basis? NO Court is going to void an arrest warrant from a requesting State unless the person can show it was issued so illegally/unconstitutionally, no reasonable legal mind could conclude otherwise, that will not happen.

    If he wishes to fight Extradition, it would be based on Extradition law, not HC.

  4. #4

    Default Re: Innocent Being Extradited

    I'd bet a million dollars there isn't enough evidence for even probable cause. However, I wouldn't bet a dollar they he won't be extradited and convicted. Our Criminal Justice System is completely immoral. Just a bunch of lawyers taking people's money and destroying lives in the process. May God have mercy on them!

  5. #5
    Join Date
    Sep 2010
    Posts
    19,195

    Default Re: Innocent Being Extradited

    Jump like a fish, jump like a porpoise.
    All join hands in habeas corpus.

    Ignoring the nonsense immediately above, what he should do is get an attorney. The issue is not with NM, but Texas. If there's any chance of dealing with this early it arises there. If the charges are without probable cause then that can be raised. If Texas will accept a bond on his later appearance, that can be done as well.

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