Extradition Process in California – Orange County Extradition Attorneys Explain PC 1548.1 – 1558
The extradition process can be a very long and complicated ordeal for both you and your family. Our Orange County extradition attorneys at Wallin & Klarich can help make this process run as smoothly as possible and ensure that your rights are fully protected. We would like to share with you how the extradition process works and what you can expect when facing interstate extradition.
How the extradition process works: California as the demanding state
If you have been charged or convicted of a crime in California and you have been arrested in another state pursuant to a warrant issued for that offense, the prosecution can make a request to the asylum state asking that it extradite you back to California in order to stand trial or serve your sentence. But before the prosecution makes a demand for you return, it will likely weigh the expense of bringing you back to California against the severity of the crime for which you have been charged or convicted. If they decide that extradition is appropriate the prosecution will follow a series of steps in order to secure your return:
- First, the prosecution will issue a demand to the asylum state for your return to California
- Second, the prosecution will send a law enforcement agent to the asylum state and place you in custody
- Third, the law enforcement agent will transport you back to California where you will face the charges brought against you or serve your sentence for a previous conviction
How the extradition process works: California as the asylum state
If you have been charged or convicted of a crime in another state and you have been arrested in California pursuant to a warrant issued for that offense, a California prosecutor will notify the demanding state of your arrest. The demanding state will then initiate formal extradition proceedings against you in accordance with that state’s Penal Code procedures. However, California must verify that you are the actual person being sought by the demanding state before surrendering you to their custody. California must comply with the following procedures during the extradition process:
- First, the California agency holding you in custody must receive a proper demand for extradition from the demanding state
- Second, California must hold a probable cause hearing and identification hearing to determine that you are the correct person the demanding state is seeking to extradite and that the charges against you are valid
- Third, California will then issue a California Governor’s warrant authorizing your return to the demanding state
Probable cause hearing
California Penal Code section 1550.1 states that “no person arrested upon such warrant shall be delivered over to the agent of the executive authority demanding him unless he is first taken forthwith before a magistrate, who shall inform him of the demand made for his surrender, and of the crime with which he is charged, and that he has the right to demand and procure counsel.” Essentially, this Penal Code section guarantees your right to an evidentiary hearing and the right to retain a lawyer who can challenge the extradition proceedings against you. The burden is on the demanding stated to present sufficient evidence that the charges against you are supported by probable cause.
Finding an experienced Orange County extradition lawyer at Wallin & Klarich
If you or someone you know has been threatened with extradition, you need to contact an experienced Orange County extradition attorney who will carefully review the facts and the law to give you the best representation possible. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura and Victorville, Wallin & Klarich has over 40 years of experience in defending our clients throughout the entire extradition process. We will carefully review the evidence against you and help you win your case.
Call us today at (877) 466-5245 or fill out our intake form. We will be there when you call.