Manchester and Associates

Pennsylvania Criminal & DUI Defense

Federal Crimes

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Extradition and Pennsylvania

People freely cross state lines in the United States. When someone is wanted by law enforcement authorities across state lines, an arrest warrant is often issued. When a person in Pennsylvania is arrested and detained on behalf of another state, the process is called extradition. It is important for individuals and families to understand this often daunting and potentially confusing process.

An individual may find themselves arrested in Pennsylvania as a “fugitive from justice,” a term for someone who is wanted by a court and has not been properly before a judge. Two Federal laws control how extradition from one state to another: The Federal Fugitive Act, 18 U.S.C.A. § 3182; and the Uniform Criminal Extradition Act, 42 Pa.C.S.A. § 9121 et. seq.

What Happens When Someone Is Arrested?

When an individual is arrested as a fugitive from justice, there are specific rules that must be followed by Pennsylvania and the demanding state. The outcome is that the fugitive is either extradited to the demanding state, or released from Pennsylvania custody.

After an individual is arrested on behalf of another state, Pennsylvania will notify the demanding state. The demanding state may request that Pennsylvania hold that individual and make arrangements to send the person to the other state. This is called a “detainer” and we refer to it as being “lodged” against the individual.

Under the Uniform Criminal Extradition Act, all arrests are treated the same. It does not matter if the arrest is for a criminal prosecution (when a person is facing new criminal charges) or based on a probation or parole violation (when a person is wanted for violating supervision from a prior criminal charge).

The Extradition Process in Pennsylvania

After an individual is retained on a fugitive warrant, the law requires that they be brought in front of a judge as soon as possible. There is then a hearing to tell the individual what they are charged with, to determine if the person arrested is actually the person charged, and to set bail if appropriate. In Pennsylvania, individuals are entitled to bail for all cases except those punishable by life in prison or death.

A “Governor’s Warrant” will then be requested by the demanding state. Pennsylvania’s governor then issues a governor’s warrant. This grants the court in Pennsylvania the authority to decide whether to extradite the individual.

The governor’s warrant must arrive within 30 days of the fugitive’s arrest. If it does not, the individual can be detained for a further 60 days. These time periods start when the individual is arrested in Pennsylvania. Individuals should also be aware that the lodging of a detainer is treated as a separate arrest from the initial arrest under the Uniform Criminal Extradition Act.

After the governor’s warrant is issued, the court will schedule a hearing. At that time, the judge must inform the fugitive from justice of the accusations against them, the demand for their return to the demanding state, and the individual’s right to test the legality of the arrest. Many individuals waive these rights and consent to their return to the demanding state.

Fighting an extradition request is a difficult process. An experienced criminal defense attorney will challenge whether the individual was arrested legally; will challenge the validity of the demand from the requesting state; and will challenge whether a crime occurred in the first place. The District Attorney as the prosecutor for the Commonwealth of Pennsylvania must prove to a prima facie level that all of the requirements for an extradition have been met. Prima facie proof means that the alleged fact is more likely to be true than not.

If you or a loved one is facing possible extradition in Pennsylvania, contact Manchester and Associates today.

About Us

Manchester and Associates is a law firm dedicated to criminal defense that operates throughout the Commonwealth of Pennsylvania since 1978.  5-star ratings prove what our firm is all about:  making sure that the best possible outcome for our clients is achieved. We use a teamwork approach in all our major cases and one of our team members is a former District Attorney. This gives us an advantage of reviewing your case from both the prosecution and defense side. Our lawyers have handled multiple simple assault cases across the state of Pennsylvania. Let our collective trial experience earned over several decades aid your defense.

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Federal Target Letters

So you open your mail and you see a letter from a U.S. Attorney or other Federal Agency and you open it up and it says you are either a potential witness to a federal crime or a target of a federal criminal investigation in Pennsylvania or any other state. You are likely asking yourself the following questions:

  1. I received a Target Letters From The Federal Authorities what do I do now?
  2. What does a Federal Target Letter mean?
  3. Do I need a Criminal Defense Lawyer because I received a Federal Target Letter?
  4. Am I definitely going to be charged with a federal crime after receiving this Federal Target Letter?

First off what is a “Target”

In a federal criminal investigation people are put into three different categories:

  • Witness
  • Subject
  • Target

If you’re a target, that means that the investigation is looking into you. The law enforcement agent and the prosecutor think you did something illegal, and they’re investigating that. It’s different than being a subject – there, the feds think that something illegal happened, and a subject may know something about it, but they aren’t necessarily trying to prosecute that person.

Being a witness means the Federal authorities believe you know something about a federal crime and they want to talk to you. Being a target is the worst place to be in an investigation.

What Will Happen? 

There are a few options.

It may be that the government is locked in on you and is sending a target letter in order to get you to negotiate a plea now, so they don’t have to go to the trouble of indicting you. The AUSA will give your lawyer some information – but not as much as if charges are brought against you. You and your lawyer can talk about what they have, talk about how likely it is that you’ll be convicted if the case goes to trial, and see what the government’s offering. Maybe you plead, or maybe you don’t. If you don’t, the government is likely to bring charges.

If the government isn’t locked in on prosecuting you, your lawyer has some room to maneuver. He can meet with the prosecutor and the agent and see what they’re looking at. Then he can meet with you and prepare a presentation to make to the prosecutor about why you shouldn’t be prosecuted. My law firm has had success with that, but every case is different.

It is crucial to not deal with the federal authorities or federal law enforcement on your own when you receive a target letter. A target letter means there is federal criminal charges being investigated or already filed and you are somehow involved. If you are considered a defendant and being investigated for a federal crime or merely a potential witness to a federal crime the stakes can be high. It is easy to see why being investigated for a federal crime in Pennsylvania or any other state or territory is a bad thing but merely being a witness to a federal crime in Pennsylvania or any other state still has the potential for being charged.

A perfect example of why being a witness to a federal crime can lead to charges is Martha Stewart. She was being investigated for insider trading. However, she was cleared of insider trading but what she did was lie to the federal investigators. Lying to federal officials is itself a crime. What is even worse is a person receiving a federal target letter and going to toe federal authorities to give a statement and telling the truth but the federal authorities think you are lying and you still get charged with a crime. This is why you absolutely need a lawyer when you receive a target letter from the federal authorities.

Here are some examples of target letters sent by the federal government.

Letter 1: Request for a Lawyer Call

[Official DOJ Letterhead]

Dear [Name]:

[A law enforcement agency, FBI, IRS, Postal Inspector, an Office of Inspector General, etc.] is investigating you in connection with [some federal crime].

This office is preparing to present evidence to a federal grand jury and ask for an indictment. If you would like to resolve this matter before an indictment and the possible issuance of an arrest warrant, please have an attorney representing you contact me before [some date that’s perhaps two weeks off].

If you believe that you cannot afford your own attorney, but would like one to assist you in this matter, please completed the enclosed form and present it to the Federal Public Defender’s Office for [this judicial district].

Sincerely,

Assistant United States Attorney

Letter 2: Request for a Meeting

[Official DOJ Letterhead]

Dear [Name]:

[A law enforcement agency, FBI, IRS, Postal Inspector, an Office of Inspector General, etc.], assisted by this Office, is investigating you in connection with [some federal crime].

I would like to meet with you to discuss this investigation. Please come to my office at [some date and time in the very near future] to meet to discuss this investigation. If you do not attend that meeting or respond to this letter, then this office is prepared to present evidence to a federal grand jury and ask for an indictment. If you do not attend this meeting, we may seek an arrest warrant if an indictment is returned against you.

If you believe that you cannot afford your own attorney, but would like one to assist you in this matter, please completed the enclosed form and present it to the Federal Public Defender’s Office for [this judicial district].

Sincerely,

Assistant United States Attorney

Sample Letter 3: Come to the Grand Jury

[Official DOJ Letterhead]

Dear [Name]:

You are the target of an investigation by a Grand Jury sitting in [court location]. In connection with that investigation, you are invited to testify before the Grand Jury.

As a Grand Jury witness you will be asked to testify and answer questions, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States and a stenographer are permitted in the Grand Jury room while you testify.

We advise you that the Grand Jury is conducting an investigation of possible violations of federal criminal laws involving, but not necessarily limited to [insert description of possible criminal offenses]. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including but not limited to Obstruction of Justice.

You are advised that you are a target of the Grand Jury’s investigation. You may refuse to answer any question if a truthful answer to the question would tend to incriminate you. Anything that you do or say may be used against you in a subsequent legal proceeding. If you have retained counsel, who represents you personally, the Grand Jury will permit you a reasonable opportunity to step outside the Grand Jury room and confer with counsel if you desire.

Cordially,

Assistant United States Attorney

Recently I was contacted by a person who received a target letter from the FBI. She was being investigated for Health Insurance Fraud. She wisely chose to call me so I first called the Assistant United States Federal Prosecutor (AUSA) assigned to the case. After multiple discussions with the AUSA and FBI my client cooperated and turned from a target into a witness and no charges were ever filed because we showed the federal authorities that she was innocent and actually tried stopping the crimes from occurring.

Whatever you do, do not speak to anyone when you receive a target letter from the federal authorities in Pennsylvania or any other state until you speak to a lawyer first.