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Extradition Warrant Requirements and PC 1558

Interstate extradition is the process by which one state is required to surrender a convicted or suspected criminal to another state in order to face sentencing or punishment. If a demand for your extradition is made by the state in which you are suspected of committing a crime or have been convicted of committing a crime, the governor must issue a warrant for your arrest.

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In order for the governor’s warrant for an extradition arrest to be valid it must recite the facts of the case that show the warrant should be issued. In addition the warrant must contain your name and information about the charges against you (See California Penal Code 1549.2 and 850). A valid extradition warrant issued by the governor will authorize any state peace officer to arrest you at any time if you are found within state lines (See California Penal Code 1549.3).

The governor may also offer a reward for any assistance or information that assists in your arrest under the extradition warrant. See California Penal Code 1547. Although, any state peace officer is authorized to arrest you, California Penal Code section 1558 specifically forbids any peace officer from receiving any compensation, fee, profit or reward offered by the governor or any other person for your arrest. Further, under penal code 1558 any public officer who is associated with the state seeking to apprehend you may not receive any reward or compensation for assisting in your arrest.

Extradition can be a lengthy and complicated process. If you or a loved one is facing interstate extradition and has a warrant out for his/her arrest you need to contact an experienced and skilled extradition defense attorney. Wallin & Klarich has decades of experience defending clients in extradition cases. Call Wallin & Klarich today at 1-888-280-6839 or visit us online at www.wklaw.com. We have offices in Los Angeles, Riverside, Ventura, San Bernardino and Orange Counties. We will be there when you call.

About Wallin & Klarich

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.