October 23, 2012 By Wallin & Klarich

This week, after a decade long battle against extradition to the United States, Gary McKinnon, will not face charges back in the United States, from the United Kingdom. The extradition was prevented on human rights grounds and on the belief that he does not have the mental capabilities to come to America or stand trial here.


British Home Secretary Theresa May told the House of Commons in London that he is accused with serious crimes but is also seriously ill. McKinnon, who has never set foot in the U.S., may still face charges at home.

Extradition laws in the United States are the formal process by which a fugitive found in one country or state is surrendered to another country or state for trial or punishment. For foreign countries the process is regulated by a treaty and conducted between the Federal Government of the United States and the government of a foreign country.

If the person is in California and is wanted in another state then the law provides that:
under Penal Code 1551 (a), whenever any person within this State is charged by a verified complaint before any magistrate of this State with the commission of any crime in any other State, then the magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this State, and to bring him before the same or any other magistrate who is available in or convenient of access to the place where the arrest is made. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

If you or a loved one have been accused or charged with a crime in any state and need representation in California, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, 888-280-6839 to speak to an experienced criminal defense attorney about your case. We have offices in Los Angeles, Ventura, Riverside, San Bernardino and Orange County. We will be there when you call.

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