Extradition Overview: California Penal Code Sections 1548.1 and 1558

Extradition is the process by which a state returns (or extradites) a person wanted for a crime back to another state, also known as the “demanding state,” where they will face criminal charges. This process of bringing individuals back from across state lines is also used in situations where the criminal fugitive had been convicted but did not finish serving their sentence.

It is common for those who commit a crime to flee to another state in order to avoid criminal prosecution. However, in many cases, people leave a state and are unaware that the court deemed them to be a criminal fugitive. It isn’t until after they are arrested for some minor offense, usually a traffic violation, do they discover that they have pending criminal matters in the demanding state.

In California, extradition cases involve either:

1.    Fugitives arrested in California for a crime they are accused of committing in another state,

OR

2.    Fugitives arrested in another state for a crime that occurred in California.

Under California’s Uniform Criminal Extradition Act, codified in California Penal Code Sections 1448-1558, if you are arrested on an extradition warrant, you are entitled to have a court of law confirm the warrant with a “probable cause hearing.” The court will determine whether you are in fact the person named in the warrant or if the criminal charges against you are valid.

During this slow process, you may be kept in custody. This is extremely unfortunate because it means you could be sitting in a prison cell for up to three months, awaiting the paperwork to be processed.

There are a number of ways to fight extradition with the aid and expertise of a criminal defense lawyer. Depending on your circumstances, your lawyer may attack the validity of the documents filed by the prosecution or assert that the warrant had misidentified you for extradition. Your lawyer may also negotiate with the prosecution to release you from custody or reduce your bail amount. It is also possible for you to avoid transportation to the demanding state if your attorney can show good cause.

To suddenly be arrested for a crime you are accused of committing in another state is understandably a very stressful and frightening event. Our extradition attorneys at Wallin & Klarich have over 30 years of experience in helping clients fight their California extradition warrants. With our extensive skill and knowledge in extradition law, our attorneys will diligently seek a dismissal of the charge or negotiate with the prosecution to arrange for an early release from custody or reduced bail. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be there when you call.