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California Extradition Lawyer

Understanding Extradition Laws

Extradition is a legal process in which a "fugitive from justice" is returned to the state – or country – in which he or she is wanted for any of the following reasons:

  • Allegations of committing a criminal offense;
  • Violations of the terms of bail, probation, or parole; or
  • Escape from incarceration.

Extradition may involve returning to California or returning to another state. California extradition laws – which are outlined in § 1548-1558 of the California Penal Code – establish the guidelines for both extradition into California and extradition from California.

Extradition Process

Individuals who are wanted by another state for any of the above reasons may be extradited so that they can stand trial or face sentencing. The alleged or convicted individual is officially referred to as a fugitive from justice. The state or nation where they are wanted is known as the demanding state and the state in which they are currently in or apprehended is known as the asylum state. Individuals may become fugitives from justice as a result of willful defiance – such as escaping incarceration – or as the result of traveling or moving away unaware that they are wanted for criminal proceedings.

Regardless of the situation, extradition laws will fall under the Uniform Criminal Extradition Act (UCEA), which has been adopted by every state except South Carolina, Louisiana, and Mississippi. Under governing extradition laws, a series of legal procedures must take place to ensure that arrests and extradition are valid and that fugitives are transported back to the demanding state once they have been apprehended.

Defense strategies must be tailored to the unique circumstances of a case. Extradition waivers, or dismissals, can be obtained if there is a lack of documentation, the court documents lack validity, or if the proof of identity procedures are vague or incorrect, among other situations. Our California criminal defense lawyers explore all available options and alternatives on our clients' behalves, and we can also work with demanding states to negotiate favorable resolutions prior to extradition.

Immediate Assistance from Extradition Attorneys in California

Extradition can be a frightening and overwhelming process. It is also one in which time is of the essence. If you or a loved one is currently facing extradition, our firm encourages you to reach out to a California criminal attorney from our legal team as soon as possible. Learn more about your case, your available options, and how we can be of assistance by completing a case evaluation form or calling (213) 267-9790.

213.267.9790

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.