How can I be extradited to a different state? – PC 1548.1 and 1558
Extradition is the legal process by which one state can transfer a person from the state to another state in order to face criminal charges in the state.
In California, you can be extradited in two ways:
• You are arrested in California for a crime you committed or are accused of committing in another state
• You are arrested in another state for a crime you have committed or are accused of committing in California
If you have been charged or convicted of a crime in another state and you have been arrested in California on a warrant for that offense, a California prosecutor will notify the state that issued the warrant.
The state that believes you committed a crime will initiate formal extradition proceedings against you in accordance with that state’s procedures. California will have to verify that you are the person they are seeking before they can hand you over to the other state.
If you are arrested in another state for a crime you allegedly committed in California, a California prosecutor can make a request to that state and ask that it extradite you back to California in order to face criminal charges in California.
Depending on the facts of your case, your extradition defense lawyer from Wallin & Klarich may be able to raise one of the following defenses on your behalf:
Before you can be extradited, the state returning you to the demanding state must verify that you are the person on that state’s warrant. Mistaken identification is very common because people lie about their names and people make mistakes. Your attorney from Wallin & Klarich can argue that you are not the right person that is on the demanding state’s warrant.
The state demanding your return must comply with a strict set of formalities when filing extradition documents. If there are any errors on these documents, your attorney can argue that the documents are legally defective, making them invalid and ineffective.
If you or a loved one is facing possible extradition, it is essential to your case that you contact an attorney. You have legal rights to an evidentiary hearing and to retain a lawyer.
For over thirty years, Wallin & Klarich has successfully defended clients facing extradition matters. Call us today at 888-280-6839 to speak with one of our competent extradition attorneys. We have offices in Los Angeles, Riverside, San Bernardino, Ventura, Victorville and Orange County. We will get through this together.