fugitive

If you are in Pennsylvania and you are wanted in another state, you could be extradited to that other state. If you are picked up by the police, you will be processed and arrested for Fugitive from Justice (“FOJ”). Pennsylvania is one of the only states in the country that sets bail on FOJ cases. That is a good thing because many states set no bail on these cases and therefore the person stays in jail the entire time they are awaiting extradition.

Once the person has been charged with FOJ, the Philadelphia court system gives the extraditing state 90 days to produce a governor’s warrant. If there is no governor’s warrant the case is dismissed. If a governor’s warrant is produced, a judge in Philadelphia then holds a hearing to determine whether the defendant is the person who is wanted in the warrant. If the judge determines that the person on the governor’s warrant is not the defendant on the FOJ, the case is dismissed.

If the judge determines the person on the governor’s warrant is the defendant, the judge will order the person held for 30 days or until the other states comes in and picks-up the defendant to effect the extradition.

Author: Brian Zeiger
Brian Zeiger

Brian J. Zeiger, Esquire, is an experienced and successful criminal defense and civil rights attorney. He is a seasoned trial lawyer with significant experience before juries and judges. Brian understands civil rights cases, including Taser, Wrongful Death, Excessive Force, Police Brutality, Police Misconduct, Malicious Prosecution, Monell Claims, Sexual Assault, Prisoner’s Rights, Time Credit, Medical Malpractice, and Medical Indifference.