Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Extradition is the process of arresting and returning a fugitive from one state to another state (or country). At an extradition hearing, a judge first determines whether the right person was arrested. Second, the transfer paperwork is reviewed for correctness. If the demand is proper, the fugitive from justice will be held for pickup by an agent of the demanding state.
The state where the fugitive is found is called the asylum state. The state that wants the fugitive returned is called the demanding state.
A fugitive is a person who:
Please note that a person can be considered a fugitive without knowing they are wanted. For example:
Joe goes on vacation to another state. He gets into a fight in a bar. Joe leaves the bar before police arrive and returns home. Months later he is stopped for a broken taillight. The officer informs Joe there is an out-of-state felony warrant. Joe is taken into custody.
After arrest, an accused is entitled to an extradition hearing. At the extradition hearing, the prosecutor must prove that the right person is in custody. It must also be proved that the fugitive is charged with, or was convicted of, a crime in the demanding state.
The extradition process basically involves three steps:
Generally, a fugitive may be arrested without a warrant if the case involves a felony. A Magistrate’s warrant may also be issued upon receipt of a verified complaint or affidavit. This includes both felonies and misdemeanors.
After arrest, the accused is informed of the reason for the arrest and the right to an attorney. If the person denies the fugitive accusations, an extradition hearing must be held within 10 days. The hearing is to determine:
Please note that the accused may waive extradition hearing and agree to return to the demanding state.
Any person in California is subject to extradition if they:
After arrest, a fugitive will be held in custody unless bail is set.
Please note that any criminal act recognized by the demanding state is an extraditable offense. However, extradition is usually not sought for misdemeanor offenses.
The Constitution states that any person charged with a crime must be returned to the state having jurisdiction of the crime. But first, a demand must be made by the demanding state. The purpose of this rule is to keep one state from becoming a sanctuary for fugitives.
Most states have also signed the Uniform Criminal Extradition Act. This Act allows the extradition of any person who:
Under the Act any criminal act committed in the demanding state is a qualifying offense. This is true even if the criminal act is not a crime in the asylum state. It applies to both felonies and misdemeanors.
Extradition is proper when the fugitive has left the demanding state and is found in the asylum state. The reasons for leaving don’t matter. It is not necessary for the fugitive to have fled the demanding state to avoid prosecution.
Sometimes a person may decide not to fight extradition to another state or country. Reasons to agree to extradition include:
The extradition hearing process is a good opportunity to negotiate with the demanding state prosecutor. Various things may be negotiated by an experienced attorney. These could include:
There are several potential defenses to an extradition demand. These include:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.