Extradition between states is governed by the U.S. Constitution and federal law, specifically the Extradition Clause in Article IV, Section 2, and the Uniform Criminal Extradition Act (UCEA), which most states have adopted.
If someone is accused of a crime in New Jersey, such as distributing revenge porn, and they are located in another state, New Jersey can request that the individual's home state extradite them to face charges. The process typically involves the following steps:
1. Issuance of a Warrant: New Jersey authorities would issue a warrant for the individual's arrest based on the criminal charges.
2. Extradition Request: New Jersey would submit a formal request to the governor of the individual's home state, seeking extradition.
3. Arrest and Hearing: The individual could be arrested in their home state, and they may have a hearing to determine if the extradition request is valid.
4. Extradition Decision: If the court finds the extradition request valid and there are no significant legal defenses, the individual would be extradited to New Jersey to face charges.
Defendants in these situations may challenge extradition on various grounds, but if the legal requirements are met, extradition is typically granted.