Facing Extradition in a Criminal Case?
Legal Protection for Cases Involving Extradition in San Diego
California Penal Code § 1448-1458 governs extradition into or out of California. There is a great danger of extradition if a person is picked up by law enforcement and is wanted in another state. A minor police stop can lead to an arrest and being held in custody for months or longer. Since it will be assumed that the defendant is a serious flight risk, the judge may not allow for a release on bail. This is a dangerous legal situation, and will require the assistance of a San Diego criminal defense lawyer.
Work with Our San Diego Extradition Lawyer
Attorney James N. Dicks is the founder of our firm and is an accomplished criminal trial lawyer who is one of the few board certified criminal law specialists in the state. We are highly skilled, aggressive, and have a record of success in difficult criminal cases, including those involving extradition to another state. If you were caught in another state and are being extradited to San Diego to stand trial, our firm can move forward with your defense case in preparation for your trial in criminal court.
How the Extradition Process Works
In order to for an extradition to take place, there is a complex legal process in which a fugitive is returned to the state in which a crime is alleged to have been committed. It is also used when a convicted offender has violated probation or parole.
An extradition into the state of California requires that the following has been established:
- There was a crime committed in California.
- The offender has escaped from custody, county jail or a California state prison.
- The accused is alleged to have jumped bail, violated parole or probation.
An extradition out of the state of California will occur when you are caught in this state and are wanted for a crime in another state. The demanding state will request the extradition of an offender back to their home state by following a specific series of legal procedures, which are all outlined in state law.
These steps include:
- The Governor must have a perpetrator arrested and delivered to the requesting state in cases of treason, a felony, or other crime who has fled from the state and is then found in California.
- The request for extradition must be in writing and must allege that the accused person was in fact present in the state demanding extradition at the time the crime was committed, and then fled the state and is currently present in California.
- The demand for extradition must be accompanied by the indictment, information or a copy of an affidavit made in front of a state magistrate, as well as a copy of the warrant issued.
Get Started with a Free Case Evaluation: Call Now
Are you facing extradition to another state or are now going to be extradited to California to stand trial? Our early involvement is critical to the outcome of your case. Get your defense moving forward now, as your future freedom could depend upon what we do now.
Contact the firm immediately to get legal representation from a Board Certified Criminal Defense Specialist at JD Law. We offer free consultations!