Extradition is the legal process of bringing back a fugitive to the state where the individual allegedly committed a crime or violated the terms of his or her parole or probation. An individual may be extradited to or from California. When a person has committed a crime, escaped from incarceration in this state or violated parole or probation in California, he or she can be extradited to California from another state. When someone has committed a crime in another state, he or she could be extradited from California to the state where the violation occurred. The experienced criminal defense lawyers at Wallin & Klarich can help you understand the complex procedures involved in the California extradition process and help ensure that your rights are protected every step of the way.
How the California Extradition Process Works
If you have been charged or convicted of a crime in California and you have been arrested in another state, the prosecutor in California can make a request to the other state – known as the “asylum state” (the state in which the individual to be extradited is living) – asking that you be extradited to California to either stand trial or serve your sentence. First, the prosecuting agency will send a demand to the asylum state for your extradition. Then, the prosecution will send a law enforcement agent who will arrest and transport you back to California where you will face the charges or serve your sentence.
If California is your asylum state, the agency holding you in custody must get a proper demand for extradition from the demanding state. Next, California officials must hold a “probable cause hearing” to determine that you are the correct person and that the demand for extradition is valid. After this process is completed, the state will issue a California governor’s warrant authorizing your extradition to the demanding state.
Defenses to a Request for Extradition
There are several defenses against extradition in California.
- Lack of proper documentation: The extradition documents filed by the demanding state must comply with a set of requirements and must be free of errors. An experienced defense attorney will be able to inspect the documents and determine their validity.
- Mistaken identity: Under California Penal Code section 1550.1, you have the right to a probable cause hearing when the validity of your extradition and the accuracy of your identity will be determined. If you have been mistakenly identified in extradition papers, you can argue that you should not be extradited.
- Infringement of rights: An extradition should not infringe on a defendant’s constitutional rights or any relevant statutes. For instance, an extradition cannot occur if it violates the defendant’s right to due process or to freedom from unreasonable search and seizure.
Wallin & Klarich Can Protect Your Rights
An experienced California criminal defense attorney can argue for your release on bail as you await return to the demanding state or even ask that you be released with bail. He or she can also argue for your immediate release if the demanding state fails to “pick you up” within the statutory time period, which may be between 30 and 60 days. Your attorney can also provide you with guidance about dealing with law enforcement officers who are transporting you to the demanding state and about what you should expect on your arrival.
Dealing with the California extradition process can be extremely stressful because there is a lot at stake. The skilled criminal defense lawyers at Wallin & Klarich will ensure that your rights are protected and that you achieve the best possible outcome in your case. We have more than 30 years of experience defending clients in a variety of criminal cases. Please contact us at (877) 466-5245 to discuss your case at absolutely no cost.