The state must follow specific procedures to have you brought back to California.
If you have been charged with a crime in California, you may be tempted to flee the state to avoid being brought to justice. If you do so and are apprehended in another state, then California may request that you be returned so that you can stand trial or face sentencing.
There are two types of extradition: (1) extraditing a fugitive into California from another state; and (2) extraditing a fugitive from California into another state. According to a criminal lawyer in Los Angeles, CA, if you committed a crime in California, escaped from incarceration in CA, or violated the terms of your bail, probation or parole in this state, you may be subject to extradition into California if you are apprehended in another state. In this situation, California is known as the home or demanding state.
California is party to the Uniform Criminal Extradition Act (along with every other state except for South Carolina, Louisiana, and Mississippi). This law sets up steps that each state must follow when involved in interstate extradition. A demanding state must:
- Issue a proper demand to the state where the defendant is found (the asylum state);
- Send an agent to receive the defendant in the asylum state within 30 days of arrest; and
- Bring the defendant back to California to answer to the charges, be sentenced, or be reincarcerated.
This process can take time, and be expensive, so the state isn’t likely to do this for relatively minor crimes.
If you are the subject of an extradition demand, you can fight back against it. A criminal lawyer in Los Angeles, CA may argue that there are fatal laws with the extradition paperwork that make it invalid, or that you are the victim of mistaken identity. In other words, if the state did not do the extradition demand properly, or if you believe that they have the wrong person, then you may be able to defend against extradition. You attorney may be able to negotiate a voluntary surrender to California, or to get you released so that you can resolve the matter outside of jail, or even from your current location.
Extradition is just one step of the criminal justice process. If you have been charged with a crime and choose to leave the state to avoid facing the charges or being sentenced, extradition into California may be a possibility. You should consult with a criminal lawyer in Los Angeles, CA as soon as possible to learn what your rights and options are for handling this type of situation.
At the Chambers Law Firm, we represent clients throughout California who have been charged with criminal offenses. To learn more about how we can help you, contact us today at 714-760-4088 or dchambers@clfca.com.
