California Extradition Warrants and Bail FAQs – PC 1548.1 -1558
Our California extradition lawyers at Wallin & Klarich want to share some common questions we have received regarding California’s approach to interstate extradition, extradition warrants and extradition bail.
How can a state request my extradition?
You can be subject to extradition if you have been charged with a crime, escaped imprisonment, violated bail, probation or parole and if you have fled the demanding state in which that alleged crime or violation took. However, you can still be subject to extradition even if you are unaware of the charges brought against in you in the demanding state.
Does California extradite?
Yes. Under California Penal Code section 1548.1, it is the duty of the Governor of California to have you arrested and delivered to the authority of any other state if you are charged in that state with treason, felony, or other crime, if you have fled from justice and are found in California. However, it must first be determined that the charges against you are valid and that you are the correct person named in the request for extradition.
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.
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?
Yes. Under California Penal Code Section 1556, you can be tried for other crimes that you are charged with having committed as well as the crimes you were specifically brought back for. The court has jurisdiction over all crimes that you may have committed within that state.
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 attempt to negotiate with the prosecution and convince him to stipulate to your release. The court will consider whether or not you pose a “flight risk,” meaning a high probability that you would attempt to flee the state in order to avoid the criminal charges brought against you.
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 if you are within the state. If you are arrested you will likely not be afforded another chance to be released and will remain in custody until your case is resolved.
Why would I need an attorney if the demand for my extradition has already been granted?
Even if the demand for your extradition has been granted, your lawyer can still represent you throughout the extradition process and ensure that your rights are not violated. Your attorney can also argue for your release on bail while awaiting return to the demanding state, request a reduction of your bail amount, and arrange for alternative representation for you in the demanding state.
Where can I find the best California extradition warrant lawyer?
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura and Victorville, Wallin & Klarich has over 30 years of experience in successfully representing Southern California residents faced with interstate extradition. Drawing from extensive years of experience, our California extradition warrant attorneys are available to answer any questions you have and are willing to go the extra mile in your defense.
If you are facing interstate extradition in California, call our talented and professional defense attorneys today at (877) 466-5245. We will be there when you call.