If you have been arrested on an out-of-state arrest warrant, or if you are currently residing out-of-state resisting a California arrest warrant, you absolutely, positively need an attorney who knows the law, who will pursue justice in your case, and who can and will protect your liberty interests in a court of law. At the MAYO LAW CLINIC we vigorously defend individuals who have been arrested on out-of-state arrest warrants before all courts. CALL US AT (530) 898-8468 TO SCHEDULE YOUR FREE CONSULTATION!

ABOUT EXTRADITION

Extradition is the term given to the removal process of a person who happens to have an arrest warrant issued by a foreign state for an individual who later is picked up in another jurisdiction (state). Extradition can be by either federal law or by state law. Article IV, §2 of the U.S. Constitution provides, in pertinent part, for the basis of federal extradition law:

U.S. CONSTITUTION - Article IV, § 2

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

Extradition under federal law has been codified in 18 USC §3182, which provides as follows:

18 USC §3182 - Fugitives From State or Territory to State, District, or Territory

Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.

The federal legislation is limited in scope, as it does not provide for extradition of a person who, while in one state, commits an act resulting in a crime in another state. In addition, it does not establish procedures for the arrest and detention of a fugitive before the issuance of a Governor's warrant, for waiver of extradition, or for judicial review of extradition procedures. Because the federal legislation has been held to be non-exclusive, the states are free to enact statutes expanding the scope of interstate extradition. Therefore, almost all the states and territories, as well as the District of Columbia, have enacted the Uniform Criminal Extradition Act (UCEA), or variations of it, using it as model legislation.

The scope of the UCEA goes beyond that of the federal legislation. In California, the UCEA is codified in Penal Code (PC) §§1547-1558. Under UCEA, California must honor a request for extradition even though the demanding state has not enacted similar provisions. Thus, legislative reciprocity is not required for extradition from California to a foreign state.

Although there is a judicial procedure for the arrest and detention of a fugitive pending issuance of a Governor's warrant, as well as a procedure for limited judicial review, it has been held that extradition is intended to be a summary executive function. UCEA was intended to facilitate extradition, not to make it more difficult than under federal law.

Generally, a suspected fugitive is arrested based on a demanding state's warrant charging the suspect with a crime. The prosecutor in the asylum state (in this instance, California) may then file a fugitive complaint against the suspect per PC §1551. If so, the suspect is arraigned and held in custody or admitted to bail pending issuance of the Governor's warrant. The fugitive may deny the allegations in the complaint or waive formal extradition at this time.

Meanwhile, the prosecutor in the demanding state assembles the appropriate extradition papers, which are submitted to the Governor of the demanding state. If the papers are approved as to form by the Attorney General, the Governor of the demanding state submits his or her requisition, or formal demand, accompanied by the supporting documents, to the Governor of the asylum state (again, this would be California). The Governor of the asylum state (CA) after review by his or her office and the office of the state Attorney General, then issues a warrant of extradition that commands the arrest and rendition of the fugitive. The fugitive is then arraigned on the Governor's warrant and, on request, given the opportunity to challenge its validity by habeas corpus.

Extradition may be challenged before the Governor's warrant is issued at an identity hearing in the trial court or, in rare non-fugitive cases, at a Governor's hearing. After the warrant is issued, extradition may be challenged by habeas corpus. If the challenge is unsuccessful, the appropriate agency in the demanding state is notified and sends its agents to return the fugitive to the demanding state.

In addition to formal extradition, there are a number of other types of interstate rendition. The Uniform Interstate Family Support Act (Family Code (FC) §§4900-4976) provides a means by which a person may be compelled to abide by his or her support obligation, including involuntary removal to a state where he or she may be charged with criminal nonsupport. The Uniform Act for Out-of-State Probationer or Parolee Supervision (PC §§11175-11179) provides an administrative procedure for the return of probationers or parolees who are under the supervision of another state.

The Agreement on Detainers (PC §§1389-1389.8), sometimes referred to as the Interstate Agreement on Detainers, is a compact that provides for the administrative transfer of prisoners from one jurisdiction to another jurisdiction that has criminal charges pending against the prisoner. Its basic purpose is to protect the speedy trial rights of both the prisoner and the prosecutor and to dispose of detainers so as to minimize disruption of the prisoner's rehabilitation program.

The Uniform Act To Secure the Attendance of Witnesses From Without the State in Criminal Cases (PC §§1334-1334.6) sets forth a means by which both prosecution and defense witnesses who are located outside the state may be compelled to appear in criminal trials within the state.

And lastly, the Interstate Compact on Juveniles (Welfare & Institutions (W&I) Code §§1300-1308) provides an alternative to extradition of juveniles who are accused of the commission of a crime. It also establishes a means for compelling the return of runaways or other wards who have not been accused or found guilty of criminal conduct. Finally, it provides for interstate parole or probation supervision of juveniles.

All extradition cases, whether the underlying charge is a felony or is a misdemeanor, are very serious and can result in immediate incarceration even though you are innocent of any charges. Therefore, if you have been arrested on an out-of-state arrest warrant, or if you are currently residing out-of-state resisting a California arrest warrant, you absolutely, positively need an attorney who knows the law, who will pursue justice in your case, and who can and will protect your liberty interests in a court of law. At the MAYO LAW CLINIC we vigorously defend individuals who have been arrested on out-of-state arrest warrants before all courts.   CALL US AT (530) 898-8468 TO SCHEDULE YOUR FREE CONSULTATION!