PC 1548.1: Extradition

Legal Definition: Subject to the provisions of this chapter, the Constitution of the United States, and the laws of the United States, it is the duty of the Governor of this State to have arrested and delivered up to the executive 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 this State.

What Does This Mean?

Extradition occurs when an individual is apprehended in a different state due to an outstanding case and warrant issued by another state. This process mainly involves individuals residing outside of California who possess an active warrant in a different state. The authorities in California ascertain this information and initiate the extradition process accordingly, excluding individuals charged with criminal offenses within California. Nevertheless, if an individual faces criminal charges in California, they may also face arrest in another state and subsequently be extradited back to California to stand trial.

Should an arrest transpire in California for an out-of-state warrant, the Governor of California is bound by this code section to surrender the accused to the charging state if they are located and apprehended within California. The state in which the arrest occurs is referred to as the asylum state, as it pertains to the current whereabouts of the individual. Conversely, the demanding state is the jurisdiction that has issued an open criminal case, a probation or parole violation, or, in general, a warrant for the individual’s apprehension. The asylum state, in this case, facilitates the arrangements for delivering the accused back to the demanding state.

Am I Subject To Extradition?

You may be subject to extradition to your demanding state under various circumstances that include:

• Having an open criminal case and an active warrant from another state.
• Violating probation, parole, or any conditions of your bail, resulting in a warrant for your arrest.
• Fleeing the state during an investigation and facing criminal charges.
• Escaping from prison or jail.

Even if you are unaware of any pending criminal charges, extradition can still occur. This is especially true in more serious cases, where law enforcement needs ample time to investigate. Unfortunately, individuals often discover active warrants against them when conducting background checks, despite being residents of another state and having no prior knowledge of the charges.

To avoid the consequences of extradition, which can result in a 30-day custody period, it is advisable to promptly address your legal matter by returning to the demanding state. Seeking assistance from a Criminal Defense attorney in your area is crucial. They possess the experience and expertise necessary to guide you through this process, ultimately helping you avoid prolonged custody during extradition.

You can trust a knowledgeable attorney to advise you on the best course of action and work towards resolving your situation as efficiently as possible.

How Does The Demand Process Work For Extradition?

Upon arrest, the California Prosecutor will promptly notify the state requesting your presence, affirming the custody status in California. Subsequently, the demanding state must issue a formal demand for the transfer of the inmate. Furthermore, California will conduct a Probable Cause Hearing, ensuring that you are indeed the individual sought by another state (as elaborated below). Lastly, California will issue an authoritative California Governor’s warrant, granting authorization to return the inmate to the demanding state. Rest assured, this process is carried out by experienced professionals with expertise and a solid reputation in their field, ensuring a trustworthy and efficient resolution.

What Is A Probable Cause Hearing Under PC 1550.1?

During a Probable Cause Hearing, a Judge is required to establish your identity as the person mentioned in an arrest warrant from another state before initiating the transfer. At this stage, it is within your rights to contest the charges lodged against you and even retain legal representation to advocate on your behalf. The demanding state bears the responsibility of substantiating your connection to the subject of their search, which necessitates presenting compelling evidence.

In certain situations, you have the option to expedite the process by voluntarily acknowledging your identity as the individual named in an active warrant in another state. In most counties, the Judge can facilitate this by having you sign an agreement acknowledging your status, which accelerates your return to the demanding state. However, if you choose not to contest the matter, it is possible to prolong your custody period and be denied bail until the Probable Cause Hearing takes place. It is important to note that the purpose of this Hearing is solely for individuals claiming mistaken identity and does not involve admission of guilt or acceptance of a plea deal. Rather, it entails establishing your identity for extradition purposes alone.

Call Today

The process of extradition under California’s criminal law presents a maze of complexities that can seem insurmountable. For those facing the prospect of extradition, or their loved ones navigating these uncertain waters, the importance of expert legal counsel cannot be overstated.

Inland Empire Defense is your ally in these challenging times. Our Ontario Criminal Defense Attorney specializes in the intricacies of extradition law, committed to demystifying the process and safeguarding your rights and interests. Our proven track record and dedicated approach to client welfare underscore our capability to provide superior legal guidance and representation.

Facing extradition procedures can be daunting, but you don’t have to do it alone. Trust in the expertise of Inland Empire Defense. Contact us today at 909-939-7126. We do more than manage legal cases; we focus on the individuals involved and their peace of mind. Allow us to be your beacon of hope and guidance through the complexities of extradition law.