Extradition, the process of arresting a person who is a fugitive hiding in another state or country and taking them back to the place at which they are being charged, is a complicated process. The extradition hearing process can be confusing and frightening without the help of a criminal defense attorney. Read on to learn more about what to expect and then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

First: Basic Definitions

There are a few definitions that should be clarified before a deeper dive into what an extradition hearing means. First, know that the state in which the fugitive is located is known as the asylum state. The state that wants the fugitive to stand trial is the demanding state.

The fugitive is known as such if they are charged with a crime in the demanding state, escaped after being convicted of a crime in the demanding state, violated the terms of their probation, parole, or bail, or if they committed an act in the asylum state that resulted in a crime in the demanding state.

You Do Not Have to Know That You Are a Fugitive to Be a Fugitive

When a person is wanted for a crime, they can become a fugitive without realizing it. For example, if a person takes a trip to another state and gets into a fight, leaves the bar before the police get there, and goes home, this does not mean he is off without consequence. It could be that months later he is pulled over and finds out he has a felony warrant for assault and battery charges.

The Purpose and Process of an Extradition Hearing

The purpose of the extradition hearing is for the prosecutor to prove that they have a right to keep the alleged fugitive in custody. The prosecution must also prove that the alleged fugitive has been charged with or convicted of a crime in the state that is demanding them.

Generally speaking, there are three steps in an extradition. First, the demand is made from the demanding state. Second, the California governor’s office will issue the warrant. Third, a probable cause and identification hearing is held. It is generally the case that if a person is accused of a felony, they can be arrested without a warrant.

Once they are arrested, the alleged fugitive s given the reason for their arrest. If they deny the accusations, then an extradition hearing will be held within ten days. This hearing is meant to determine if there is probable cause that the alleged fugitive is the right person, that they are charged with or convicted of a crime.

If you or a loved one has or believes they will face extradition then your next call should be to a California criminal defense attorney. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.