California Extradition Laws – Extradition Lawyers Explain Penal Code 1548.1 and 1558 PC
What are California’s extradition laws?
Extradition is the legal process in which one state can transfer a convicted criminal or criminal suspect to another state in order to stand trial or face sentencing. Extradition in California can arise in one of two ways: 1) You are arrested in California for a crime you have committed or are accused of committing in another state or 2) You are arrested in another state for a crime you have committed or are accused of committing in California. The Uniform Criminal Extradition Act (UCEA) grants extradition powers to criminal courts across the country, allowing them to transfer you to another jurisdiction in to face charges for a crime allegedly committed in that state. This same power is granted to California criminal courts and California extradition laws are codified under California Penal Code sections 1548-1558. Your extradition lawyer at Wallin & Klarich will provide you with further assistance on your case as soon as you contact our offices.
How the extradition process works in California
If you have been charged or convicted of a crime in California and you have been arrested in another state (asylum 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 you have been charged or convicted of a crime in another state (demanding or home 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.
Defenses to a request for extradition
If you face interstate extradition, there are certain defenses that a Los Angeles extradition lawyer at Wallin & Klarich can raise on your behalf. These include mistaken identity and invalid extradition documents. Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a defense attorney at Wallin & Klarich who is familiar with California extradition laws to learn more.
To help you understand the various aspects of California’s extradition laws, our Los Angeles extradition attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:
How can a state request my extradition?
If I am extradited back to California, can I also be prosecuted for other criminal charges that were not specified in the request for my extradition?
Why would I need an attorney if the demand for my extradition has already been granted?
Where can I find the most experienced Los Angeles extradition lawyer?
If you are confronted with interstate extradition, it is essential that you contact an experienced extradition lawyer at Wallin & Klarich who is knowledgeable about California’s extradition law. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura and Victorville, Wallin & Klarich has successfully represented clients facing extradition for over 40 years. We have the knowledge and the know-how to win your case.
Call us today at (877) 466-5245 or fill out our intake form. We will be there when you call.