Interstate Extradition – California Penal Code 1548.1 PC
To help you become more familiar with interstate extradition laws, our California extradition attorneys at Wallin & Klarich want to share our knowledge about how this legal process works.
Does California Extradite?
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. Under California Penal Code section 1548.1, it is the duty of the Governor of California to have arrested and delivered to the authority of any other state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in California.
In California, extradition cases can arise in one of two ways:
- You are arrested in California for a crime you have committed or are accused of committing in another state
- You are arrested in another state for a crime you have committed or are accusing of committing in California
Demanding state vs. asylum state
The state where you have escaped imprisonment, committed the alleged crime, or violated the terms and conditions of your probation or parole is known as the home or demanding state. The state in which you have been arrested and are currently held in custody is known as the asylum state. Under the Uniform Criminal Extradition Act which is codified in California Penal Code Sections 1548-1558, the asylum state can hold you in custody in order to make arrangements for your transfer to the home state.
Who can be subject to extradition?
You can be subject to extradition if you have:
- Been charged with a crime OR
- Escaped imprisonment OR
- Violated bail, probation or parole AND
- Have fled the state in which that alleged crime or violation took place in order to avoid punishment or capture
You can still be subject to extradition even if you are unaware of the charges brought against you in the demanding state. In many cases, a person leaves a state and is unaware that the court has deemed them to be a criminal fugitive. It isn’t until after they are arrested in the asylum state for some minor offense, usually a traffic violation, do they discover that they have pending criminal matter in the demanding state.
Contact an attorney at Wallin & Klarich who will defend you against interstate extradition in California
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura and Victorville, Wallin & Klarich has successfully represented clients facing interstate extradition in California for over 30 years. Drawing from extensive experience, our talented California extradition attorneys will thoroughly review your case and develop an effective defense strategy specifically tailored to your case. Our goal is to provide you with the best legal representation possible 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.