Extradition Process – California Penal Code Sections 1548.1 – 1558

The extradition process is a very long and involved process. Fortunately, it also includes measures that prevent another state from simply claiming you and dragging you back into the state to be prosecuted.

When you are arrested in California for a crime you are accused of committing in another state, a California prosecutor must then notify the prosecutor in the demanding state of the arrest. At this point, formal extradition proceedings will begin in the demanding state.

Following your arrest, the “asylum state,” or the state where you are detained, may keep you in custody or release you on bail while awaiting the demanding state to formally issue a Governor’s Warrant for your return.

You have the option to either waive formal extradition and voluntarily return to the demanding state, or deny the charges and fight the extradition. In either case, you could remain in custody, which is why it is important for you to have a criminal defense attorney on your side to help you avoid as much jail time during this process.

If you choose to fight extradition, California Penal Code Section 1550.1 requires a court to hold a probable cause hearing to test the validity of the extradition by determining whether you are the in fact the person named in the warrant, and that the criminal charges against you are valid. The burden is on the demanding state to present sufficient evidence that support their claims.

Once the probable cause hearing has concluded, and the court determines that the charges against you are valid, the Governor of the demanding state will then file with the Governor of the asylum state a formal demand for your return. You will then be delivered over to the demanding state.