Copies of Warrant and Complaint and/or Indictment
If the fugitive has not been convicted, obtain certified copies of
arrest warrant and the complaint and/or indictment, and attach them to the
prosecutor's affidavit as exhibits. For some countries, a certificate of
exemplification (three signatures: clerk, judge, clerk) may be required.|
If the fugitive has jumped bond or escaped before conviction,
certified copies of the warrant for bond jumping or escape and for the
offense. The prosecutor's affidavit should recite that the issuance of the
jumping/escape warrant serves to bring the fugitive before the court on both
named charge and the underlying offense. Note that most older extradition
treaties do not include bond jumping or escape as extraditable offenses. In
cases, it will not be possible to try the fugitive for those offenses.
In civil law countries, the warrant is the charging document.
therefore have greater procedural significance in those countries than in
United States. For example, civil law courts often grant extradition only
the crimes listed in the warrant, not those in the indictment. This creates
serious problems in United States extradition cases because warrants are
prepared in the clerk's office, which routinely lists only one or two of the
offenses in the indictment.
A related problem involves signature of the warrant by the clerk
pursuant to the court's order. Given the significance of warrants in civil
countries, they are always signed by judges or magistrates. Even though
extradition treaties do not require that warrants be signed by a judge or
magistrate in order to be valid, problems have arisen in the past when the
States has submitted warrants signed by clerks.
Consequently, if the warrant does not list all the crimes in the
indictment, or if it is not signed by a judge or magistrate, the prosecutor
need to have it amended. If the clerk's office will not permit amendment,
for the issuance of a new warrant containing the requisite information and
signatures. Doing so will necessitate an additional paragraph in the
prosecutor's affidavit explaining any discrepancies between the dates of the
complaint, indictment, first warrant, and second warrant. A similar
should be included whenever two or more warrants have been issued because of
superseding indictments or for any other reason.
[cited in Criminal Resource Manual 609; USAM 9-15.240]