When you allegedly commit a crime in another state, or suffer a conviction in another state and either
and are subsequently discovered in California, you may be required to return to that state to face criminal proceedings. This process – that of transferring you back to the other state – is known as extradition.
California extradition law recognizes two types of extradition:
- extradition into California (when you commit the crime here but then leave this state), and
- extradition out of (from) California (the type referenced above, where you commit the crime in another state but are later found and detained in California).
It is the latter of these two upon which this article will focus.
But before California (known as the “asylum state”) returns or “extradites” you to the “demanding” or “home” state, it must ensure that you are the right person being sought.
This extradition process essentially involves three steps:
- a demand from the home state,
- the issuance of a California Governor’s warrant, and
- a probable cause / identification hearing.
Not only is the extradition process time consuming and expensive, but you will most likely spend much of it in jail…even if you are innocent.
If the court determines that you are, in fact, the person who the home state is seeking, it will surrender you to an agent of that state. The agent will return you to the home state where you will face criminal charges.
But if your attorney successfully fights the extradition, you will be released from custody and will either be exonerated of any wrongdoing or able to resolve the case without having to return to the demanding state.
In this article, our California criminal defense attorneys1 will provide a comprehensive guide to understanding how people are extradited from California by addressing the following topics:
- 1. What is Extradition?
- 2. Extradition from California
- 3. Legal Defenses
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
1. What is Extradition?
The term extradition refers to the legal process of transporting suspected or convicted criminals from one state or nation to another when that person has allegedly fled from the criminal justice system. As a result,
- the individual is known as a “fugitive from justice”,
- the state/nation from where he/she fled is known as the “home” or “demanding” state/nation, and
- the location to where he/she fled is known as the asylum state/nation.
Sometimes the fugitive is appropriately named, as he/she has tried to escape a conviction, sentence or confinement or has violated his/her
- probation, or
and is trying to avoid the penalties for doing so.
Other times, the “fugitive from justice” label is wholly inappropriate. Many times the individual who is accused of fleeing has simply moved or traveled, completely unaware that there are pending criminal charges against him/her or that he/she has done anything wrong by leaving.
But regardless of the category into which you fall, our firm is here to help. We know the most effective strategies for fighting your extradition so that you may avoid the embarrassment, expense and time that necessarily accompanies the extradition process.
California’s extradition laws involve two types of extradition:
- extradition into California (that is, extradition where California is the demanding state because the crime was allegedly committed here yet the accused is discovered in another state – discussed in detail in our article on Extradition into California, and
- extradition from California (where California is the asylum state because the offense was allegedly committed in another state yet the accused is discovered here).
It is the second type of California extradition upon which this article will focus.
1.1. California and The Uniform Criminal Extradition Act (UCEA)
California is one of the 47 states that subscribe to the Uniform Criminal Extradition Act (“UCEA”). South Carolina, Louisiana and Mississippi are the exceptions. The UCEA regulates interstate extradition.
This act is codified in California’s Penal Code sections 1548-1558 PC which govern the procedures and protocols that are involved with extradition from California.
This act is more specific than the federal laws that regulate extradition and outlines distinct protocols and procedures that must be adhered to before alleged fugitives will be detained and transferred.
1.2. Federal law regarding extradition
There are also federal laws that pertain to extradition. These are found in the United States Constitution2 and in the United States Code.3 Federal extradition law is more general than the UCEA.
The federal law essentially states that when the demanding state wishes to extradite a fugitive from the asylum state, it must deliver an indictment or affidavit charging the alleged fugitive with a crime. The asylum state must then arrest the named individual and keep him/her for up to 30 days until an agent from the demanding state comes to claim him/her. If no agent comes, the asylum state will release the prisoner.
The UCEA is based on the same philosophy as the federal law…it simply sets forth specific procedures for carrying out the process.
When there is a discrepancy between the UCEA and the Federal Act, federal law controls.
2. Extradition from California
If you are arrested in California…and it turns out you are “wanted” in another state for allegedly committing a crime in that state…the prosecutor will immediately notify the other state. And if that state wishes to do so, it will then begin formal extradition proceedings to have you returned to that state in order to
- face the charges,
- be sentenced if you’ve already been convicted,
- be recommitted (in the event you escaped from incarceration), or
- appear before the judge to resolve the allegations that you violated the terms of your bail, probation or parole.
If that state (the “home” state) decides to extradite you, it is the duty of the California Governor to ensure that you are arrested and ultimately delivered to that state.5 But before the Governor performs this duty, he/she may ask the California Attorney General or any district attorney to verify the home state’s demand and to help verify that you are the right person whom the home state wishes to extradite from California.6
And, on that note, the Governor may not inquire as to your alleged guilt or innocence except to help confirm that you are the person named in the demand.7
2.1. The demand to extradite from California
When the home state decides to pursue formal extradition from California, it initiates the process by filing a demand with this state. A “demand” is a written notice that states that the accused was present in the demanding state at the time he/she allegedly
- committed a crime,
- escaped from jail or prison, or
- violated the terms and conditions of his/her
- probation, or
and that he/she subsequently fled from that state. This demand must be accompanied by a copy of the indictment or complaint or by a copy of the judgment or sentence if the home state is seeking extradition from California because the fugitive escaped or allegedly violated bail, probation or parole.8
That said, the home state may also execute a demand for extradition from California even if the accused didn’t commit a crime in the home state and didn’t thereafter flee if he/she committed a crime in California…or even a third state…that intentionally resulted in a crime in the home state.9
Example: Bill used to live in Oklahoma with his wife and two kids. He and his wife obtained a divorce and he was ordered by the Oklahoma court to pay child support. Bill later moved to California…where he currently resides. While living here, he has continued to send money to support his children. He recently decides to stop mailing these checks.
Given these facts, Oklahoma can send a demand to the California Governor to extradite Bill back to Oklahoma. Despite the fact that Bill’s failure to pay child support occurred in this state, that failure to pay…and violation of the court’s order…intentionally results in a crime in Oklahoma. As a result, extradition from California to Oklahoma would be appropriate.10
And if during this time you are also being charged with committing a crime in this state, the Governor may
- surrender you to the demanding state, or
- delay the surrender until you are either acquitted or, if convicted, until you have served your California sentence.11
2.2. The Governor’s warrant
When the home state executes a proper demand, the California Governor must sign a California arrest warrant12 This warrant authorizes law enforcement to
- arrest you at any time/place where you are found, and
- deliver you to an agent of the demanding state.13
However, if a law enforcement officer has reason to believe that you have been
- charged with an offense in another state that is punishable by death or imprisonment for more than one year, or
- convicted of an offense that is punishable by imprisonment for a term exceeding one year and that you subsequently
- escaped confinement, or
- violated the terms of your bail, probation or parole,
the officer may arrest you without a warrant as long as he/she presents you to a judge in a speedy manner and testifies as to the reason for the arrest.14
In either case, as long as
- the offense that you are charged with is not punishable by death or life imprisonment, or
- the allegation that you escaped or violated your parole did not involve a crime that was punishable by imprisonment for more than one year,
your California criminal defense attorney may be able to convince the judge to set bail so that you may be released from custody during these proceedings.15
However, if you are released on bail…and fail to appear in court as instructed…the judge will order your immediate arrest.16
If the judge will not set bail…or you cannot post bail…California will keep you in jail until you either
- waive formal extradition and voluntarily return to the demanding state (∗even though we say “voluntarily”, you still may be transported in custody), or
- fight the extradition.
2.3. Waiver of extradition from California
If you voluntarily choose to return to the demanding state, you may sign a waiver…in the presence of a judge…that states that you consent to be returned to that state. At that point, law enforcement officers will take you into custody…typically without setting bail…and will deliver you to an agent from the demanding state.17
But as Riverside criminal defense attorney Michael Scafiddi18 explains, “Depending on the circumstances of your alleged offense, a California criminal defense attorney may be able to persuade the prosecutor and demanding state to set bail or release you on your own recognizance own recognizance (known in California as an O.R. release) so that you may voluntarily return to the home state rather than being incarcerated during this process.” 19
And the fact is that you may not realize it, but you may have already agreed to waive extradition at the time you were released from custody and/or placed on probation or parole in the home state. If you were placed on a conditional release, you may have signed an order that contained a “waiver of extradition” clause. 20
If this is the case, the judge will simply act as if you signed a waiver and will order you into custody as stated above. And…even under these circumstances…your lawyer may be able to convince the prosecutor and home state to set bail or release you O.R. pending the arrival of the agent from the home state.21
2.4. Probable Cause / Identification Hearing
The good news is that if you are arrested on a Governor’s warrant, California will not simply give you over to the demanding state. California extradition law provides that if you choose to fight your extradition, the court must conduct a probable cause / identification hearing to determine whether you are the actual person being sought by the home state.
Probable cause under California law means a reasonable belief that you are or were involved in criminal activity. This hearing must occur within ten days of your arrest.22
If the arresting officer fails to allow you the opportunity to challenge the extradition at a hearing…and prematurely delivers you to an agent of the demanding state…he/she faces a California misdemeanor charge, punishable by up to six-months in county jail and a maximum $1,000 fine.23
Assuming this will not be the case and that you will attend your hearing, you have the right to be represented by an attorney. If you choose to fight the arrest because
- you are not the person named in the warrant (perhaps you are John Gerald Smith and the warrant is for Gerald John Smith, or the warrant is for John Smith but it is for a different John Smith),
- you are not a fugitive from justice,
- you have no criminal charges pending against you in the demanding state, or
- the documents that have so far been used to facilitate your extradition from California are invalid,
your lawyer will present a writ of habeas corpus.24 A writ of habeas corpus…literally translated to mean “you have the body”…essentially informs the court that you believe you have been illegally incarcerated.
During this hearing, it is likely that you will be held in custody without bail. And if the court determines that you are the person being sought in the warrant, you will be
- held for up to thirty (30) days so that an agent of the home state may come to extradite you back to that state, or
- released on bail while you wait for the agent to come and extradite you back to the home state.25
Your attorney may also try to negotiate with the prosecution in the demanding state to try to resolve the charges without your having to suffer extradition. And along these same lines, it may be helpful to have legal representation in both the home and asylum state who can work together to try to expedite your release as quickly as possible.
If the court determines that you are not the individual the demanding state is seeking, you will be released from incarceration.
3. Legal Defenses
Fortunately, there are California legal defenses that a skilled extradition attorney can present on your behalf to fight your extradition from California. The following are the most common.
3.1. You are a victim of mistaken identity
If, as mentioned above,
- you are not the person named in the warrant,
- you are not a fugitive from justice, and/or
- you have no criminal charges pending against you in the demanding state,
then you should be cleared and immediately be released from custody.
Being a victim of mistaken identity can actually be quite common. Oftentimes, more than one person will have the same name, or the arrested individual will have a name that is very similar to the true fugitive but, due to human error, the wrong name was entered.
Regardless of why it happens, our firm can help. As former police investigators and district attorneys, we have the inside knowledge and skills that are necessary to help resolve these misunderstandings so that you are released from custody and exonerated as quickly as possible.
3.2. Invalid documentation
The demand and Governor’s warrant must strictly comply with California law because, if they do not, your lawyer may be able to fight your extradition from California and…more importantly…free you from jail if you are currently being held in custody.
This may be the case if, for example, the demand doesn’t specify the exact charges you are facing or the violation that you allegedly committed…or perhaps the Governor’s warrant doesn’t include the attached complaint and affidavit (both of which are required by law to be attached).
Regardless of the issue, if your attorney can demonstrate that there were fatal flaws with the documents that are fueling your extradition, he/she may be able to stop the process completely.
Call us for help…
If you or a loved one is in need of help with extradition out of California and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in the office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.
Additionally, our Las Vegas Nevada criminal defense attorneys are available to answer any questions about extradition in Nevada. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.26
- Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
- US Const art IV, §2(2). Extradition. (“The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on a claim of the party to whom such service or labor may be due.”)
- 18 U.S. Code 3182 — Fugitives from State or Territory to State, District, or Territory – Extradition. (“Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.”)
- California Penal Code 1551.3 PC – Notice of arrest of alleged fugitive. (“Immediately upon the arrest of the person charged, the magistrate must give notice thereof to the district attorney [to begin the process of extradition from California]. The district attorney must immediately thereafter give notice to the executive authority of the State, or to the prosecuting attorney or presiding judge of the court of the city or county within the State having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged.”)
- California Penal Code 1548.1 PC – Governor; duty to cause arrest and delivery. (“Subject to the provisions of this chapter, the Constitution of the United States, and the laws of the United States, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other State any person charged in that State with treason, felony, or other crime, who has fled from justice and is found in this State [to complete an extradition from California].”)
- California Penal Code 1548.3 PC – Demand for extradition; investigation by attorney general or district attorney; report. (“When a demand is made upon the Governor of this State by the executive authority of another State for the surrender of a person so charged with crime [that is, extradition from California], the Governor may call upon the Attorney General or any district attorney in this State to investigate or assist in investigating the demand, and to report to him the situation and circumstances of the person so demanded, and whether he ought to be surrendered according to the provision of this chapter.”)
- California Penal Code 1553.2 PC – Inquiry into guilt or innocence; identification. (“The guilt or innocence of the accused as to the crime with which he is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided has been presented to the Governor [with respect to extradition from California], except as such inquiry may be involved in identifying the person held as the person charged with the crime.”)
- California Penal Code 1548.2 PC – Demand for extradition; form and contents; documents to accompany demand; charge of crime; authentication. (“No demand for the extradition of a person charged with crime in another State [that is, extradition from California] shall be recognized by the Governor unless it is in writing alleging that the accused was present in the demanding State at the time of the commission of the alleged crime, and that thereafter he fled from that State. Such demand shall be accompanied by a copy of an indictment found or by information or by a copy of an affidavit made before a magistrate in the demanding State together with a copy of any warrant which was issued thereon; or such demand shall be accompanied by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding State that the person claimed has escaped from confinement or has violated the terms of his bail, probation or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that State; and the copy of indictment, information, affidavit, judgment of conviction or sentence must be certified as authentic by the executive authority making the demand.”)
- California Penal Code 1549.1 PC – Surrender of person not in demanding state when committing act resulting in crime in demanding state; flight from, or presence in demanding state need not be shown. (“The Governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in the other state in the manner provided in Section 1548.2 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of this chapter, not otherwise inconsistent, shall apply to those cases, even though the accused was not in the demanding state at the time of the commission of the crime, and has not fled therefrom. Neither the demand, the oath, nor any proceedings under this chapter pursuant to this section [regarding extradition from California] need state or show that the accused has fled from justice from, or at the time of the commission of the crime was in, the demanding or other state.”)
- Facts based on Ex parte Hayes (1950) 101 Cal.App.2d 416.
- California Penal Code 1553.1 PC – Pendency of domestic prosecution; discretion to surrender or hold fugitive; restrictions on length of commitment. (“(a) If a criminal prosecution has been instituted against a person charged under Section 1551 under the laws of this state [regarding extradition from California] and is still pending, the Governor, with the consent of the Attorney General, may surrender the person on demand of the executive authority of another state or hold him or her until he or she has been tried and discharged or convicted and served his or her sentence in this state. (b) If a criminal prosecution has been instituted under the laws of this state against a person charged under Section 1551, the restrictions on the length of commitment contained in Sections 1552 and 1552.2 shall not be applicable during the period that the criminal prosecution is pending in this state.”)
- California Penal Code 1549.2 PC – Governor’s warrant; direction; recitals. (“If a demand conforms to the provisions of this chapter [regarding extradition from California], the Governor or agent authorized in writing by the Governor whose authorization has been filed with the Secretary of State shall sign a warrant of arrest, which shall be sealed with the State Seal, and shall be directed to any peace officer or other person whom he may entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. The provisions of Section 850 shall be applicable to such warrant, except that it shall not be necessary to include a warrant number, address, or description of the subject, provided that a complaint under Section 1551 is then pending against the subject.”)
- See also California Penal Code 1551 PC – Complaint against fugitive; magistrate’s warrant; attaching certified copy of complaint and affidavit to warrant. (“(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, or, with having been convicted of a crime in that State and having escaped from confinement, or having violated the terms of his bail, probation or parole; or (b) whenever complaint is made before any magistrate in this State setting forth on the affidavit of any credible person in another State that a crime has been committed in such other State and that the accused has been charged in such State with the commission of the crime, or that the accused has been convicted of a crime in that State and has escaped from bail, probation or parole and is believed to be in this 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 [in order to complete extradition from California]. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.”)
- See also California Penal Code 1549.2 PC – Governor’s warrant; direction; recitals. (“If a demand conforms to the provisions of this chapter [for extradition from California], the Governor or agent authorized in writing by the Governor whose authorization has been filed with the Secretary of State shall sign a warrant of arrest, which shall be sealed with the State Seal, and shall be directed to any peace officer or other person whom he may entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. The provisions of Section 850 shall be applicable to such warrant, except that it shall not be necessary to include a warrant number, address, or description of the subject, provided that a complaint under Section 1551 is then pending against the subject.”)
- California Penal Code 1549.3 PC – Governor’s warrant; authority conferred. (“Such warrant shall authorize the peace officer or other person to whom it is directed: (a) To arrest the accused at any time and any place where he may be found within the State; (b) To command the aid of all peace officers or other persons in the execution of the warrant; and (c) To deliver the accused, subject to the provisions of this chapter, to the duly authorized agent of the demanding State.”)
- California Penal Code 1551.1 PC – Arrest without warrant; grounds; taking prisoner before magistrate; complaint. (“The arrest of a person may also be lawfully made [for extradition from California] by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the courts of any other state with a crime punishable by death or imprisonment for a term exceeding one year, or that the person has been convicted of a crime punishable in the state of conviction by imprisonment for a term exceeding one year and thereafter escaped from confinement or violated the terms of his or her bail, probation or parole. When so arrested the accused shall be taken before a magistrate with all practicable speed and complaint shall be made against him or her under oath setting forth the ground for the arrest as in Section 1551.”)
- California Penal Code 1552.1 PC – Person arrested on magistrate’s warrant or without warrant; bail. (“Unless the offense with which the prisoner is charged, is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, or it is shown that the prisoner is alleged to have escaped or violated the terms of his parole following conviction of a crime punishable in the state of conviction by imprisonment for a term exceeding one year, the magistrate may admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as he deems proper, conditioned upon the appearance of such person before him at a time specified in such bond or undertaking, and for his surrender upon the warrant of the Governor of this state [with respect to extradition from California]. Nothing in this section or in Section 1553 shall be deemed to prevent the immediate service of a Governor’s warrant issued under Section 1549.2.”)
- California Penal Code 1553 PC – Person arrested on magistrate’s warrant or without warrant; non-appearance; forfeiture of bond; order for immediate arrest; recovery on bond. (“If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this State. Recovery may be had on such bond in the name of the people of the State as in the case of other bonds or undertakings given by a defendant in criminal proceedings.”)
- California Penal Code 1555.1 PC – Waiver of extradition; method; advice as to rights; filing of waiver; delivery to agent of demanding state; voluntary return. (“Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation or parole may waive the issuance and service of the Governor’s warrant [with respect to extradition from California] provided for in this chapter and all other procedure incidental to extradition proceedings, by subscribing in the presence of a magistrate within this state a writing which states that he or she consents to return to the demanding state; provided, however, that before such waiver shall be subscribed by such person, the magistrate shall inform him or her of his or her rights to require the issuance and service of a warrant of extradition as provided in this chapter. If such waiver is executed, it shall forthwith be forwarded to the office of the Governor of this state, and filed therein. The magistrate shall remand the person to custody without bail, unless otherwise stipulated by the district attorney with the concurrence of the other state, and shall direct the officer having such person in custody to deliver such person forthwith to the duly authorized agent of the demanding state, and shall deliver to such agent a copy of such waiver. Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, provided that state consents, nor shall this procedure of waiver be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.”)
- Riverside criminal defense attorney Michael Scafiddi uses his former experience as an Ontario Police Officer to represent clients throughout the Inland Empire including San Bernardino, Riverside, Rancho Cucamonga, Hemet, Banning, Fontana, Joshua Tree, Barstow, Palm Springs and Victorville.
- See PC 1555.1, endnote 17, above.
- California Penal Code 1555.2 PC – Refusal to sign waiver of extradition; hearing; finding of probable cause; order remanding to custody and directing delivery to agents of other state; bail; habeas corpus; time for application. (“(a) If the arrested person refuses to sign a waiver of extradition [regarding extradition from California] under Section 1555.1, a hearing shall be held, upon application of the district attorney, to determine whether the person is alleged to have violated the terms of his release within the past five years on bail or own recognizance while charged with a crime punishable in the charging state by imprisonment for a term exceeding one year, or on probation or parole following conviction of a crime punishable in the state of conviction by imprisonment for a term exceeding one year, and whether, as a condition of that release, the person was required to waive extradition. (b) At the hearing, the district attorney shall present a certified copy of the order from the other state conditionally releasing the person, including the condition that he was required to waive extradition together with a certified copy of the order from the other state directing the return of the person for violating the terms of his conditional release. The magistrate shall accept these certified copies as conclusive proof of their contents and shall presume the validity of the extradition waiver condition. (c) If the magistrate finds that there is probable cause to believe that the arrested person is the same person named in the conditional release order and the order commanding his return, the magistrate shall forthwith issue an order remanding the person to custody without bail and directing the delivery of the person to duly accredited agents of the other state. (d) Notwithstanding the provisions of subdivision (c), the district attorney may stipulate, with the concurrence of the other state, that the arrested person may be released on bail or own recognizance pending the arrival of duly accredited agents from the other state. (e) If the arrested person or his counsel desires to test the legality of the order issued under subdivision (c), the magistrate shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. If the writ is denied and probable cause appears for an application for a writ of habeas corpus to another court, or justice or judge thereof, the order denying the writ shall fix a reasonable time within which the accused may again apply for a writ of habeas corpus. Unless otherwise stipulated pursuant to subdivision (d), the arrested person shall remain in custody without bail.”)
- See same.
- California Penal Code 1551.2 PC – Proceedings against person arrested on magistrate’s warrant or without warrant; denial as person charged or convicted; hearing. (“At the initial appearance of a person arrested under Section 1551 or 1551.1 [regarding extradition from California], he shall be informed of the reason for his arrest and of his right to demand and procure counsel. If the person denies that he is the same person charged with or convicted of a crime in the other state, a hearing shall be held within 10 days to determine whether there is probable cause to believe that he is the same person and whether he is charged with or convicted of a crime in the other state. At the hearing, the magistrate shall accept a certified copy of an indictment found, an information, a verified complaint, a judgment or sentence, or other judicial proceedings against that person in the state in which the crime is charged or the conviction occurred, and such copy shall constitute conclusive proof of its contents. Witnesses from the other state shall not be required to be present at the hearing.”)
- California Penal Code 1550.2 PC – Delivery of prisoner to agent of demanding state without appearance before magistrate; offense; punishment. (“Any officer or other person entrusted with a Governor’s warrant who delivers to the agent of the demanding State a person in his custody under such Governor’s warrant [regarding extradition from California], in wilful disobedience to the preceding section, is guilty of a misdemeanor and, on conviction thereof, shall be fined not more than $1,000 or be imprisoned not more than six months, or both.”)
- California Penal Code 1550.1 PC – Prisoner to be taken before magistrate; information as to demand, charge, and right to counsel; habeas corpus. (“No person arrested upon such warrant shall be delivered over to the agent of the executive authority demanding him unless he is first taken forthwith before a magistrate, who shall inform him of the demand made for his surrender [referring to extradition from California], and of the crime with which he is charged, and that he has the right to demand and procure counsel. If the accused or his counsel desires to test the legality of the arrest, the magistrate shall remand the accused to custody, and fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. If the writ is denied, and probable cause appears for an application for a writ of habeas corpus to another court, or justice or judge thereof, the order denying the writ shall remand the accused to custody, and fix a reasonable time within which the accused may again apply for a writ of habeas corpus. When an application is made for a writ of habeas corpus as contemplated by this section, a copy of the application shall be served as provided in Section 1475, upon the district attorney of the county in which the accused is in custody, and upon the agent of the demanding state. A warrant issued in accordance with the provisions of Section 1549.2 shall be presumed to be valid, and unless a court finds that the person in custody is not the same person named in the warrant, or that the person is not a fugitive from justice, or otherwise subject to extradition under Section 1549.1, or that there is no criminal charge or criminal proceeding pending against the person in the demanding state, or that the documents are not on their face in order, the person named in the warrant shall be held in custody at all times, and shall not be eligible for release on bail.”)
- California Penal Code 1552 PC – Person arrested on magistrate’s warrant or without warrant; commitment pending governor’s warrant; bail. (“If at the hearing before the magistrate, it appears that the accused is the person charged with having committed the crime alleged, the magistrate must, by a warrant reciting the accusation, commit him to the county jail for such a time [awaiting a possible extradition from California], not exceeding thirty days and specified in the warrant, as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the State having jurisdiction of the offense, unless the accused give bail as provided in section 1552.1, or until he shall be legally discharged.”)
- Please feel free to contact our Las Vegas Nevada criminal defense attorneys Michael Becker and Neil Shouse for any questions relating to extradition in Nevada. Our Nevada law offices are located in Reno and Las Vegas.