Extradition Defenses – California Penal Code Sections 1548.1 – 1558

Incorrect Identity
Your attorney can possibly argue that you are being wrongfully held in custody because you are not the person named in the warrant. Misidentification can occur due to simple human error or when common names are involved.

Documents are Invalid
Your attorney may also challenge the extradition by showing that the documents prepared by the prosecutor of the demanding state are somehow defective, thus invalid.

If your challenge to extradition is unsuccessful, your attorney’s role then becomes to protect your rights and/or reduce the severity of the consequences. When resistance to extradition is either futile or undesirable, your attorney can provide the following:

(1)    Argue for your release on bail while awaiting return to the demanding state,

(2)    Argue for reduction of bail amount,

(3)    Arrange for representation of the accused in the demanding state. Counsel may contact a private attorney in that state or request the court having jurisdiction of the fugitive’s case in the demanding state to appoint counsel for the fugitive; AND

(4)    Instruct the fugitive not to discuss the case with the officer with whom the fugitive will be traveling to the demanding state. It may be advisable to caution the officer not to question the fugitive, or counsel may wish to ask the court to instruct the agent not to discuss the case with the accused.

At Wallin & Klarich, we can provide a discount if you need a bail bond.  To obtain a bail bond, you normally have to pay 10% of the bail amount.  We work with reputable bail bondsmen who can provide you with a bail bond for 8%.  This makes a big difference when the bail amount is set at a high rate.

If you are facing extradition, make sure you talk to a skilled extradition lawyer. Our lawyers at Wallin & Klarich have been representing those facing extradition for over 30 years. During that time, we have accumulated the skill and experience in dealing with extradition laws and helping people avoid being extradited. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.