In criminal defense, there are situations where people are arrested in one county or one state. It has been determined that they have a warrant in another county or state, someone has been charged in a different form, and they have a warrant in California. The state that has them is attempting to send them back to California to face the charges there.

When somebody is moved from one location to another to face charges in that state, it's called extradition. This process involves several steps, including an identity hearing and a waiting period, before the person can be sent to the state where the charges are pending. Basically, that's moving the person's body from the state where they are to another state to face the charges that they have pending in that state. There is a process that must be adhered to extradite somebody from one state to another.

Identification Of The Person Being Extradited

This process involves first identifying that the person being deported is the individual with the pending charges in the state. This is an identity hearing, at which the person is entitled to argue that they're not the person being sought. Therefore, they should not be deported back to the state where they allegedly have pending charges.

Another option in this circumstance is if you know that you're the person they're looking for. You're wasting your time trying to argue against identity because they're probably going to have photographs, fingerprints, and a variety of other ways to determine that you're the person to be extradited under Penal Code 1548 PC. 

In this case, you can simply waive the identity hearing and extradition, and let them send you back to the location where charges are pending. Waiving the identity hearing means you agree that you are the person they are looking for and you do not contest your extradition. However, this is a decision you should make in consultation with your attorney. Discussing your options with your attorney will empower you to make the decision that makes sense for you based on the totality of the circumstances you're dealing with.

Do they Extradite People Every Single Time?

Sometimes, they don't deport somebody from one location to another because the state that wants that person's body doesn't fulfill what they are supposed to do to get them. In other words, sometimes documents need to be transported, and sometimes a signature is required, so a waiting period often applies to your particular case.

Once that waiting period is gone, if the state that has the charges against you does not come and get your body or does not show that they want to execute the extradition, then obviously, you're going to be let go if you don't have anything pending in the jurisdiction that has their hands on you.

Ultimately, the bottom line is that if you or a loved one is involved in an extradition situation in California, it's crucial to seek legal representation. A defense lawyer, whether in the location where the person is in custody or the location where the case is pending, can guide you through this complex process, ensuring it's dealt with quickly and effectively. This professional support can provide reassurance and a sense of being well-prepared in a challenging situation.

The bottom line is to first contact the jurisdiction where the warrant is pending and get an attorney there to investigate and see what can be done. Sometimes, bail can be posted, and the person can be released. This possibility should give you hope in what may be an otherwise challenging situation. Several different angles can be employed in an extradition situation, but having the right attorney is crucial for successfully navigating a sometimes complex legal system. Their expertise and guidance can instill confidence in your decisions and actions.