October 17, 2012 By Wallin & Klarich

If you are arrested in California and are facing extradition to another state, you will go through what’s called an identification hearing in California. This hearing protects your rights by ensuring that you are the positively the individual the extraditing state seeks. If the extraditing state cannot prove you are, in fact, the individual they seek, then California will not allow you to be extradited to that state. On the other hand, if you are facing charges in California but are currently being held in custody in another state, Wallin & Klarich can help by directly contacting the prosecutor in California that is handling your case. The goal would be to negotiate with the state to find an early resolution to the charges against you and hopefully avoid you being transported to California altogether. We may also be able to negotiate a reduction or elimination of bail that could allow you to come to California on your own instead of in custody.

The office of the Attorney General in each state is responsible for the decision on whether to attempt to extradite an individual for prosecution. Extradition cases are very expensive for the “wanting” or “extraditing” state and in these lean economic times extradition is occurring mostly in the most serious of cases. Due to the cost prohibitive nature of paying for the supervision and transport of a fugitive form one state to another, it is increasingly possible to negotiate an early disposition in many of these cases that previously would not have been possible. If you have a misdemeanor warrant in California then that is a “non-extraditable” warrant and California cannot legally extradite you unless you previously waived extradition. Most felony cases are extraditable but again, the less serous the charges, the less likely it is that the extraditing state will actually foot the bill to have you brought to that state to answer the charges.

Extradition involves jail time regardless of whether you are innocent or guilty because you will be held in custody until a decision is made whether to extradite you or until the case is resolved. The penalties you could face depend on the crime you’re charged with. Call us today to speak to an experienced legal professional about your extradition case. If you or someone you love is facing extradition to or from Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-280-6839 or fill out our online consultation form to get in contact with a legal professional today.

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