I was just reading about the 20 yo porn actress from Richmond CA that is accused of seducing a 15 yo boy with sex and drugs and taking him to Oklahoma. She has refused to sign a “waiver of extradition” that would send her back. The boy, who was considered a runaway, is apparently on his way back home to Richmond. But what happens to the woman?
Does the Oklahoma court now spring her and wait for the bounty hunters to find her? Can she go on the run and lay low until someone finds her and drags her back to California? Can she be compelled to return to California against her will by the legal system?
Oklahoma holds an extradition hearing (since she apparently refused to waive the hearing); if the standards for extradition are met, the Oklahoma court will release her into California’s custody.
See this thread (Random, Bricker and Gfactor, primarily) for more information.
In 99.999% of cases, the extradition hearing is a rubber-stamp formality, which is why most people don’t even bother to contest extradition.
All this means is that she’s going to spend a few more days in a jail in Oklahoma before the hearing, rather than spending those days in jail in California like she would if she waived the hearing. She’s going to be extradited, never fear, she’s just making them fill out the paperwork.
Ahhh… so I must be confusing this with countries that the US doesn’t have extradition agreements with. What would happen if she somehow managed to get to Cuba (assuming we don’t have an agreement with them)?
Then it’s up to Castro. If he can figure out a way to use her, then he’ll do that. Castro has a few high-profile criminals squirreled away in Havana and treated as heroes. Or he could give her back, or he could put her in jail.
In a dictatorship like Cuba it all depends on what the dictator wants.
Most countries won’t extradite you for something that isn’t a crime in their country, which is why you could go to Canada back in the 60s to avoid the draft. Canada wouldn’t send you back because evading the draft wasn’t a crime in Canada. And the US won’t send someone back to Saudi Arabia on a charge of blasphemy. Also many countries without the death penalty won’t send someone back if the accused faces the death penalty, there was the famous case a few years ago of some murderer (can’t remember the name) fleeing to France and France wouldn’t give him back because we was facing the death penalty. I believe the prosecutor eventually agreed not to ask for the death penalty before they’d send him back.
And I remember we had a case here in Seattle about 10 years ago where Martin Pang set fire to his warehouse for insurance fraud. Four firefighters died fighting the fire, and Pang faced felony murder charges. He skipped to Brazil and there was a bit of negotiating because Brazil didn’t recognize the theory of felony murder.