Los Angeles Extradition Attorney
Understanding California's Extradition Laws
According to California Penal Code Sections 1548-1558, extradition is the process of returning a wanted fugitive back to the state in which they committed a crime or violated the terms of their bail, probation or parole. When one state sends a criminal suspect back to another state, it is there that the defendant will stand trial for the crime.
In California, there are two types of extradition:
- The fugitive is arrested in California, but the crime was committed in another U.S. state. In this case, the other state would be the "demanding state" or the "wanting state." Whether or not the suspect knowingly fled, they could be extradited from California back to the wanting state.
- The fugitive committed a crime in California, but subsequently fled to another state to seek asylum. The individual may or may not know that they are wanted for a crime, but they could be extradited from the state in which they currently reside back to California to stand trial.
Once the appropriate authorities issue a warrant for extradition, the fugitive can be arrested by law enforcement in the other state. Once they are taken into custody, they will be required to return to the demanding state to face criminal charges. However, before an extradition arrest can occur, both sides must ensure that the extradition request is valid. In order do to so, a series of legal proceedings must take place.
Fighting to Have Your Extradition Case Dismissed
Extradition is a complex legal process. All steps leading up to the fugitive's arrest must be handled correctly. Depending on the circumstances of the case, an extradition waiver may apply; however, this takes time, and the defendant may have to sit in jail while the case is sorted out. If you are at risk of being extradited out of the state, it is highly recommended that you contact a Los Angeles criminal attorney immediately.
Our firm may be able to challenge the extradition by showing that:
- Flaws in the paperwork have rendered the extradition invalid
- The prosecution has not sufficiently proven your identity
When you work with a lawyer from Stephen G. Rodriguez & Partners, we will fight to protect your rights. The defendants in extradition cases are typically treated as "guilty until proven innocent," which means that you may have to present your defense from a jail cell. With our firm on your side, we will attempt to negotiate a deal with the prosecutor that would allow you to post bail, be released on your own recognizance, voluntarily surrender to the demanding state or resolve the matter from California.
Facing extradition? Contact us today for a free consultation!
Facing extradition can be frightening. Not only could you be required to sit in jail for 1-3 months while the paperwork is being processed, but you may eventually be returned home to stand trial for an alleged crime. Don't attempt to handle this matter on your own! Turn to the team at Stephen G. Rodriguez & Partners for the qualified legal representation that you will need. With more than seven decades of combined experience, our firm knows how to handle even the most complex of legal matters.
Don't wait to get started on your defense. Contact our office at (213) 481-6811 for a free consultation or fill out a confidential case evaluation form online!