Articles Posted in Extradition

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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.

Extradition%20Defense%20Lawyers%20888-280-6839.jpgIn 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

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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.

Interstate%20Extradition%20Defense%20Lawyer%20888-280-6839.jpgIn 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.

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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.

Extradition%20Defense%20Lawyer%20888-280-6839.jpgThe 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.

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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.

Extradition%20denfense%20lawyers.jpgBritish 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.

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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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ExtraditionExtradition is a legal term for sending people from one state to another where they face criminal charges. If you have a criminal matter pending against you in another state and do not show up to court, that state will issue a warrant for your arrest. Once notified, the California law enforcement authorities will arrest you and transfer to that state to answer the charges. It can also work the other way – if you face an active criminal matter in san Diego, California can issue a warrant allowing law enforcement in the state where you live to arrest and extradite you back to California.

If you are arrested in California and are facing extradition to another state, you are entitled to what is called an identification hearing. This hearing protects your rights under by making sure that you are in fact the person that the other state wants. If the other state cannot prove this, California will not allow your extradition. Wallin & Klarich attorneys can help at an identification hearing by negotiating with the wanting state to resolve the charges while you are still in California, thus avoiding the expense, hassle and embarrassment of being sent to another state.

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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.