San Diego Lawyer Explains Extradition in California
Extradition laws in California are based on federal law 18 USC section 3182 and California Penal Codes 1548-1558.
What is Extradition?
Extradition is the official process of moving a person from one state to another to face criminal charges.
Why would Extradition occur?
Extradition affects those who are arrested in California for a crime committed in another state or those who committed a crime in California and were arrested for it in another state. Custody of the accused would be transferred to “the State having Jurisdiction of the Crime” or, in other words, the state in which the crime was committed.
How does Extradition work?
The process declared in the US Constitution is as follows:
• The Executive Authority (i.e., governor) of the state must make the demand of the jurisdiction where the accused was found
• They must provide a copy of an indictment or affidavit made before a Magistrate of any state or territory
• That statement must charge the accused with having committed a felony, treason or other crime
• The document must be certified as authentic by the Governor or Chief Magistrate of the state or territory where the crime was committed
• The Executive (i.e., governor) of the state receiving the demand must arrest and secure the accused, then notify the demanding state that such was done
• An agent of the state demanding the accused must appear within 30 days of the time of arrest or the accused may be released
What if I was falsely accused? Can I still be extradited?
The United States Supreme Court has decreed that the State’s legal duty is to 1) verify the documents served are in order, 2) determine if the accused was charged with a crime in another state, 3) whether the person accused is the person named in the petition or demand for extradition and 4) whether the accused is a fugitive. (See New Mexico ex rel. ORTIZ, v. REED, 524 U.S. 151 (1998).)
However, if the accused has fled to California and another State is demanding Extradition, California Penal Code 1550.1 declares certain rights occur before Extradition. The accused has the right to go before a judge, who will inform him of the demand for surrender, the crime he is accused of, and that he has the right to demand and obtain legal counsel. This gives the accused the chance for an evidentiary hearing, where the demanding State must show evidence of probable cause for the arrest. California PC 1550.1 also allows the accused to obtain a lawyer to dispute and/or help with the Extradition process.
Is there a way to avoid being extradited?
Yes, possibly. A California lawyer can represent you in California court to ask the judge to release you from custody on bond. Your extradition lawyer can find out who the agency is that seeks you in the other state and speak and negotiate directly with them. No negotiation happens with the California prosecutor.
For example, let’s say you owe child support to a child who resides in Alabama and a prosecutor in Alabama charges you with a crime (such as contempt of court). The prosecutor in Alabama may attempt to extradite you from California to Alabama. You would then be arrested and have to go to court in California. At that point, the California authorities would advise the authorities in Alabama that they have you. Your California lawyer can contact the Alabama prosecutor and negotiate a settlement.
A settlement may be beneficial to everyone involved. It can be costly for the Alabama government to transport you back there. If, instead, you were to offer a certain lump sum of money or a payment plan, the Alabama prosecutor may find that favorable because the child would soon get those funds. That could convince the prosecutor to drop the extradition request.
Every single extradition case is different. You should seek the advice of a knowledgeable San Diego extradition attorney to help you know what to do in your particular situation. Please call us or email us as soon as possible. We would love to help.