“Don’t
automatically assume that another state has the right
to bring you to Los Angeles or send you to another
state; there are special procedures to follow, and
they don’t always do them correctly!”
– Ken Lewis, Los Angeles Criminal Defense Attorney
Because the United
States is made up of 50 states and a federal court
system, a person accused of committing a crime in
one jurisdiction may have to be transferred to another
jurisdiction. There is a complex legal process for
accomplishing this, which is called “extradition”.
Before you can be transferred between jurisdictions
you have the right to demand that the government prove
that you are the person in question and that there
is “probable cause” to believe that there
is a right to extradite you at all. An experienced
extradition attorney can make certain all your rights
are protected and can reduce any amount of time in
jail you may have to spend while paperwork is being
clarified between the jurisdictions. Ken Lewis has
over 34 years experience handling extradition matters
and can make sure all your legal rights are fully
protected. Call Kenneth
H. Lewis & Associates today to schedule an
appointment with a skilled Los Angeles extradition
attorney.
Exactly what is extradition?
Beginning with California
Penal Code Section 1548.1, there is a statutory procedure
laid out for the governor of California to return
persons to another jurisdiction who have fled the
other jurisdiction, either before being tried for
a crime, or who have fled before completing their
term of imprisonment, or violated any term of parole,
probation or bail. The jurisdiction asking to return
the person is called the “demanding” state.
The person being demanded is the “fugitive”.
The state where the fugitive is held is the “asylum”
state. There is also a procedure set forth for California
to demand the return of persons in other jurisdictions
accused of committing a crime in California who have
fled before trial or who have not completed their
term of imprisonment, parole, probation or term of
bail in California.
How does the extradition procedure
begin?
When a person residing
in California or another state is stopped for a traffic
violation or some other crime, their name is usually
run through a computer system that will find any arrest
warrants originating in another state. Law enforcement
officials will then notify the other state that they
are holding a person (fugitive) on their warrant.
Frankly, in minor cases the other state may not bother
to seek extradition because of the expense of having
the police pickup that person and transport them to
their state. However, in more serious cases the demanding
state will definitely spend the money to take their
fugitive back.
Is
the fugitive automatically held in custody?
It may be possible
to arrange for bail while the extradition situation
is straightened out. An experienced extradition attorney
may also be able to negotiate a release with the prosecution,
or a lowered bail amount. However, unfortunately,
a person may be held in custody throughout the entire
extradition procedure, which can take 30 days or sometimes
more.
Exactly what is the procedure
to extradite a person?
Someone accused of
being a fugitive from another state must be brought
before a magistrate (judge) with “all practicable
speed.” The magistrate must then do the following:
- Inform the person
of the reason for the arrest;
- Inform the person
of their right to counsel;
- Inform the person
he or she has the right to “waive extradition”
and ask whether they wish to do so;
- Ask the person
if they want to admit the facts alleged and admit
they are the correct person;
- If they deny that
they are the correct person or that the facts alleged
are true, the magistrate must schedule an identity,
probable cause hearing to establish whether or not
they are the correct person and/or that there is
reasonable (i.e. probable) cause to believe the
person has actually been charged in the other jurisdiction
or convicted of a crime in that jurisdiction.
Sometimes the demanding
state has sent improper or inadequate documents. At
that point it is vital to have an experienced extradition
attorney who can defend you.
What does “waiving extradition”
mean?
It means a fugitive
does not fight extradition and admits they are the
person wanted by the demanding jurisdiction, that
there is a legitimate arrest warrant out for them,
and that they will voluntarily allow themselves to
be taken to the demanding jurisdiction.
How Ken Lewis Can Help You?
Knowing the ins and
outs of extradition is vital to a person caught up
in the extradition process. Being arrested and threatened
to be sent to another state or being dragged from
another state to California is a stressful and debilitating
experience. Matters of identification are vital. Ken
Lewis can review the documents and determine if you
are the right person; he may be able to arrange your
release or lower your bail pending the extradition
hearing. He may be able to contact counsel in the
demanding state and resolve the problem that resulted
in the issuance of the arrest warrant in the first
place or resolve the problem with the California courts.
At Kenneth H. Lewis & Associates, we have been
helping people with extradition issues for over 30
years. We have an outstanding track record of success
in defending individuals in the California state,
federal and appellate courts.
Call Ken Lewis now
to schedule a NO COST CONSULTATION day or night:
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE: 213-624-4904
E-MAIL: Kenlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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