Interstate Extradition and the Extradition Process – Penal Code 1548.1 and PC 1558

By: Wallin & Klarich

Interstate extradition refers to the process by which one state is required to surrender a suspected or convicted criminal to another state for punishment. You may be subject to extradition if you are arrested in California for a crime you either committed or were accused of committing in a different state, or if you are arrested in a different state for a crime you committed or are suspected of committing in California.


The interstate extradition process is recognized in the U.S. Constitution, federal statute and state laws. In California, the extradition process is governed by California Penal Code sections 1547 – 1558. Simply stated, the extradition process occurs as follows:

1) The state in which you committed the crime or are suspected of committing a crime will issue a demand to have you return to the state.

2) The governor of the state that received the demand from the state in which you committed or are accused of committing a crime will issue a warrant for your arrest.

3) When you are arrested by the local law enforcement pursuant to the governor’s arrest warrant you will be given a probable cause hearing, which ensures that the state has reasonable grounds to believe you are the person who has committed the alleged crime.

4) If there is found to be probable cause to support the extradition charges, you will be transported back to the state in which you committed the crime or are suspected of committing a crime.

If you or a loved one is in jeopardy of extradition it is imperative that you contact a Los Angeles extradition defense attorney. The extradition process can be lengthy and difficult. Our attorneys are backed with over 30 years of experience defending clients and are willing to go the extra mile to assist you in the extradition legal process. Call Wallin & Klarich today at 888-280-6839. Call us today, we will get through this together.

Posted In: Extradition