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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 13 : Crimes and Criminal Procedure

Chapter 159 : EXTRADITION AND FRESH PURSUIT

Subchapter 002 : UNIFORM CRIMINAL EXTRADITION ACT

(Cite as: 13 V.S.A. § 4943)
  • § 4943. Form of demand

    (a) A demand for the extradition of a person charged with crime in another state shall not be recognized by the Governor unless in writing alleging, except in cases arising under section 4946 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he or she fled from the state, and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate therein, together with a copy of any warrant that was issued thereon or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.

    (b) A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that:

    (1) Except in cases arising under section 4946 of this title, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from that state;

    (2) The accused is now in this State; and

    (3) He or she is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state or that he or she has been convicted of a crime in that state and has escaped from confinement or broken the terms of his or her bail, probation, or parole.