California Extradition Process

1. The wanted fugitive is arrested based on the demanding state’s charge that the individual committed a crime.
2. The demanding state then files a “fugitive complaint” against the accused individual.
3. If charged, the suspect may be held in court custody in the “asylum state” (where the suspect is currently located) or released on bail and wait for a Governor’s Warrant to be issued.
4. The fugitive may choose to deny the charges or waive a formal extradition procedure and go back to the wanting state voluntarily.
5. If the fugitive denies the charges, an Identity Hearing or probable cause hearing is held in court. Under California law, evidence must be presented that proves the arrested person is actually the fugitive listed in the warrant.
6. During this time, the prosecutor in the wanting state assembles the case documents and submits them to the state’s Governor via the state’s Attorney General.
7. The demanding state’s Governor then files a formal demand to the asylum state’s Governor.
8. The asylum state Governor may conclude that the extradition request is valid, and require the arrest and retention of the fugitive.
9. The fugitive is called before court to answer the charges, and may challenge them under habeas corpus (protection against illegal imprisonment).

Stephen G. Rodriguez is an experienced Los Angeles Extradition Attorney. If you have been charged with Extradition in Los Angeles, and need a criminal defense attorney, call Stephen G. Rodriguez at (213) 223-2173.