Sunday, November 20, 2011

Legal definition of "fugitive from justice"

Note: Terms such as "fugitive" in this situation are not personal or
pejorative, simply legal terminology. The noun fugitive from justice
is defined as a person convicted or accused of a crime who hides from
law enforcement in the state or flees across state lines to avoid
arrest or punishment. Under Article IV, Section 2, Governors are
required to "deliver up" and return any fugitive from justice to the
state where they allegedly committed the crime, a process called
extradition.

As the issue has not yet been tried in a court of law please note that
the crime is alleged not proven. Regardless of why Dr. Mikovits is in
a different state, the legal view is that she is now in a different
state than the one in which charges were filed.  In the U.S. justice
system, legal terms are not rearranged to suit each individual
circumstance, but rather the same language is used regardless of
individual circumstances.

Factual information regarding Dr. Mikovits arrest:

According to Retraction Watch, the Ventura County, California
Sheriff's Department web site lists Mikovits under booking number
1259336, charged with a felony violation of California Penal Code
section 1551.1, "Fugitive From Justice."  This is that section,
according to FindLaw:

The arrest of a person may also be lawfully made by any peace officer,
without a warrant, upon reasonable information that the accused stands
charged in the courts of any other state with a crime punishable by
death or imprisonment for a term exceeding one year, or that the
person has been convicted of a crime punishable in the state of
conviction by imprisonment for a term exceeding one year and
thereafter escaped from confinement or violated the terms of his or
her bail, probation or parole. When so arrested the accused shall be
taken before a magistrate with all practicable speed and complaint
shall be made against him or her under oath setting forth the ground
for the arrest as in Section 1551.

http://retractionwatch.wordpress.com/2011/11/19/chronic-fatigue-syndrome-researcher-judy-mikovits-arrested/#more-5249

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