Legal Dictionary

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Extradition

Extradition is the official surrender of a suspected criminal or defendant to the state or country where the crime was committed so that the suspected criminal or defendant can face criminal charges or serve a jail sentence.

Only persons charged with crimes are subject to extradition. Under California's Uniform Criminal Extradition Act (UCEA), a person can be “charged” with a crime without the institution of formal adversary proceedings. California Penal Code Section 1548.2 states that the extradition demand shall be accompanied by indictment, information, or affidavit before a magistrate in the demanding state.

Persons charged with crimes include: individuals (1) convicted and alleged to have escaped from confinement, (2) charged with a crime who violated the terms of bail, (3) on probation or parole who violated the terms of their probation or parole, and (4) who have not satisfied the criminal judgment against them. For extradition purposes, the crime could be a misdemeanor or felony. The crime does not even have to be a crime in the asylum state (state where the suspected criminal or defendant fled to). The charge must simply state an offense under the laws of the demanding state.