Extradition Law in California – Penal Code Section 1548
All the time in criminal defense, there’s situations where people are arrested in one county or one state and it’s determined that they have a warrant in another county or state, or someone’s arrested in a state and they have a warrant in California, and the state that has them is trying to send them back to California to answer for the charges there. When somebody is moved from one location to another in order to face the charges in that state, it’s called extradition – and basically, that’s moving the person’s body from the state that has them to another state to face the charges that they have pending in that state. There is a process that has to be adhered to in order to extradite somebody from one state to another.
This process basically has to do with first identifying that the person that is being extradited is actually the person that they are looking for in the state that has the pending charges. Basically, this is an identity hearing where the person is entitled to argue they are not the person that they’re looking for, and therefore, they should not be extradited back or to the location where they allegedly have pending charges. Another option in this circumstance is if you know that you’re the person that they’re looking for, then obviously, you’re wasting your time trying to argue against identity, because they’re probably going to have photographs, finger prints and a variety of other ways to determine that you’re the person that is to be extradited pursuant to Penal Code Section 1548. In this case you can just simply waive the identity hearing and waive extradition and let them send you back to the location where you have charges pending. Obviously, this is something you are going to want to discuss with your attorney and make the decision that makes sense for you based on the totality of the circumstances that you’re dealing with.
Do they Extradite People Every Single Time?
Sometimes they don’t extradite somebody from one location to another because the state that wants that person’s body doesn’t fulfill what they are supposed to do in order to get them. In other words, sometimes there needs to be transportation, documents need to be signed, so a lot of times there’s a waiting period that is applicable to your particular case and 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 on 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.
So, the bottom line is if you or a loved one has an extradition situation and you want to get it dealt with, you’re going to probably want to hire an attorney in either both the location that the person is in custody or the location where they have the case pending so that you can get this matter taken care of quickly and effectively. I think the bottom line is to first contact the jurisdiction where the warrant is pending, get an attorney there to look into and see what can be done. Sometimes bail can be posted in that matter and then the person can be released. There are a number of different angles that can be utilized in an extradition situation, but having the right attorney is crucial in order to successfully guide you through a sometimes-difficult legal system.
Categorised in: Extradition