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This article will be dealing with the extradition process for someone if they are considered a fugitive of justice.  If you are in a Calfornia Jail, either here in Fresno or somewhere else you should seek legal help immeditiately.  

There are strict timelines that must be adhered to in the processs. 

1st if there is a identification issue. There will be a hearing within 10 days to determine the identity of the person is the correct person.  In other words if the person is the person listed as the fugitive of Justice.  This can be done through fingerprints, photographs, or through circumstantial evidence, many times in court the tattoos and other identifying information will be looked at and booking photos etc. After that the state has 30 days to come pick up the person.  This time period can be longer if the Judge orders an additional 60 day hold. 

there are two types of extradition

1. Exradition From Calfornia 

2. Extradition to California.

 

For example extradition into California typically means you committed a crime in California and either fled the state or left while out on bail and you are picked up in another state. 

In the other situation you are being held in Calfornia for a crime that has allegedly been committed in another state and that state wants you back.  

 

If you hav committed a crime in California and flee to another state for example several steps will take place regarding the extradition.  

Before California will demand your return, it will weigh the time and expense of having you returned to California against the the severity of the crime alleged to have been committed.  

If California decides to extradite you they must 

1. Issue a proper demand for extradition

2. send and agent to pick up within 30 days.

3. bring you back to the state to 

answer charges 

be sentenced 

or be reincarcerated

If you are incarcerated here in California, it is required that California actually insures you are the person being sought before the extradition.  

there must be a proper demeand from the home state

an issuance of a governors warrant

conducting a probable cause / identification hearing to ensure you are not being falsely accused or improperly subject to extradition.

there are certain conditions when you can post bond

have the case resolved here while incarcerated in california 

or prove tha you are not the person being sought.

Sometimes clients will want to voluntarily surrender to the home state especially if the charges are serious and they are unikely to be bailed out pending the outcome of the case.  

If you have any questions let us know and give us a call 559-441-1418.

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Fresno Criminal Defense Attorney
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Fresno, CA 93704
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