Extradition FAQs – California Penal Code Sections 1548.1 – 1558

1.    If I am brought back to California to face charges, can I also be prosecuted for other criminal charges that were not specified in the request for my extradition?

Yes. Under California Penal Code Section 1556, you can still be tried for other crimes that you are charged with having committed as well as the crimes you were specifically brought back for.

2.    What are some other reasons that a state may have to request my extradition?

You may be subject to extradition if the demanding state claims that you escaped confinement or that you violated the terms of any bail, probation, or parole.

3.    If I am brought back to California to face criminal charges, will I also be subject to any civil action that may arise from my actions?

No. If you have been brought back by extradition, you will not be subject to service of process in civil actions arising from your alleged crime until you are either convicted or acquitted in criminal court.

4.    Under what circumstances may I be released on bail?

Generally, you will be detained without bail unless the prosecution stipulates, along with the permission of the demanding state, that you may be released on bail or your own recognizance. A skilled defense attorney can negotiate with the prosecution to convince him to stipulate to your release.

5.    What happens if I am released on bail, but I fail to appear or surrender myself according to the conditions of my bond?

The court will declare the bond forfeited and order your immediate arrest without a warrant if you are within the state.