Extradition is routinely granted. The reasons we hear about extraditions is because they are in some (strange) way held up.
The two most common reasons for contested extradition are the suspect resisting it (the claims on which this is done vary; from insuffient cause, to prosecutorial vendetta to you name it), and compelling interest on the part of the state which is holding the suspect.
If two jurisdictions each feel they have a claim on them (which is common; else the suspect won't be in custody, and can't be extradited) the greater charge usually wins.
The crime for which the extradition is requested need not be a crime in the state from which the extradition is requested: e.g. let us say someone in Maine is accused of selling marijuana for medical purposes. Calif. arrests them for a failure to appear on a traffic ticket. Selling marijuna for medical purposes is not a crime in Calif..
California has an interest (Failure to Appear, a Misdemeanor, punishable by a fine, community service, or a period of time in a county jail; determined by the total value of the fine but not to exceed 6 mos (if I recall the upper limit properly). Maine is charging him with a felony.
The only way he isn't extradited is if he (or Calif.) can show cause why his not being extradited is in the best interset of the state (that is to say Calif. has to show a compelling interest in prosecuting him for the FTA).
Since disputed extraditions are appealed to the Federal Courts (being a contest between states), the question of legal here/not legal there, doesn't come into play.
The two most common reasons for contested extradition are the suspect resisting it (the claims on which this is done vary; from insuffient cause, to prosecutorial vendetta to you name it), and compelling interest on the part of the state which is holding the suspect.
If two jurisdictions each feel they have a claim on them (which is common; else the suspect won't be in custody, and can't be extradited) the greater charge usually wins.
The crime for which the extradition is requested need not be a crime in the state from which the extradition is requested: e.g. let us say someone in Maine is accused of selling marijuana for medical purposes. Calif. arrests them for a failure to appear on a traffic ticket. Selling marijuna for medical purposes is not a crime in Calif..
California has an interest (Failure to Appear, a Misdemeanor, punishable by a fine, community service, or a period of time in a county jail; determined by the total value of the fine but not to exceed 6 mos (if I recall the upper limit properly). Maine is charging him with a felony.
The only way he isn't extradited is if he (or Calif.) can show cause why his not being extradited is in the best interset of the state (that is to say Calif. has to show a compelling interest in prosecuting him for the FTA).
Since disputed extraditions are appealed to the Federal Courts (being a contest between states), the question of legal here/not legal there, doesn't come into play.
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