Collateral Proceedings in a Criminal Defense Case

The Arizona law in ARS §13-3855 and §13-3857 allows a certain jurisdiction three months (90 days) to get a defendant from its territory. The requesting official is required to send a copy of an indictment before a judge, indicating the felony that Hurst committed (Margolies, 2011). The affidavit/indictment will have to be certified as authentic by the chief magistrate of Arizona County. For this particular case, the Orange County State will have to issue a Fugitive of Justice Warrant to Arizona, who will then schedule a date within 30 days for an officer from Orange County to pick up the defendant.

To extradite Brook from Mexico, Orange County police will be guided by the extradition treaty between the United States and Mexico. The treaty was signed in May 1978 and went into effect on January 25, 1980. Because Brook has already been arrested in Mexico, Orange County will be required to send an extradition package to Mexico within 60 days to initiate the process. The extradition package should contain (Margolies, 2011):

  1. The Prosecutor’s affidavit, which is a summary of the laws and statement of the case
  2. Exhibit A- a certified copy of the indictment
  3. Exhibit B-A certified copy of the warrant of arrest
  4. Exhibit C- The statutes that are relevant to the case
  5. Exhibit D- An affidavit of the case agent (a detailed accounting of the investigation)
    • Attachment 1-Photograph of the defendant
    • Attachment 2-Fingerprints of defendant
    • Attachment 3- Medical Records
  6. Exhibit E: Declaration of Witnesses
    • Attachment 1-Witness Statement
    • Attachment 2-Photo of Defendant

A writ of habeas corpus (direct translation to “produce the body”) is a court order to an institution or agency keeping someone in custody to present the imprisoned person to the court giving the order. The United States constitution allows providing for rules writs of habeas corpus that completely bar the government from stopping writ cases except in difficult situations, such as in times of war (Dixon, McCorquodale, & Williams, 2011).

After filing the writ of Habeas Corpus in the proper state of Arizona Court, the judge should rule that Solana is granted Habeas relief because his arrest was a violation of federal law. Solana was arrested without proper documentation being filed between Orange County, where the crime was committed, and Arizona, where Hurst fled to. It is presumed that prosecutors from Orange County have begun investigations and concluded that there were two culprits in the robbery-Hurst and Brook. Having arrested both Hurst and Brook, Solana is within his rights to demand a release because, in addition to being arrested in violation of jurisdiction laws, there is no specific justification for his arrest, as he has neither been listed as an accomplice nor a perpetrator.

This case required reference to both interstate and international laws and treaties. As such, the text selected for reference had to give guidance on the two positions of law. Margolies (2011) specializes in interstate law and has written extensively on legal principles and it helped give direction on the procedures that should be followed in extraditing Hurst from Arizona. Dixon et al. (2011) evaluate the treaty between the United States and Mexico on extradition. The text helped direct Brook’s extradition process from Mexico to Orange County.

Reference List

Dixon, M., McCorquodale, R., & Williams, S. (2011). Cases and Materials on International Law. Oxford: Oxford University.

Margolies, D. (2011). Spaces of Law in American Foreign Relations: Extradition Extraterritoriality in the Borderlands and Beyond, 1877-1898. Georgia: University of Georgia Press.

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