California Penal Code Section 1551
(a) Whenever any person within this State is charged by a verified complaint before any magistrate of this State with the commission of any crime in any other State, or, with having been convicted of a crime in that State and having escaped from confinement, or having violated the terms of his bail, probation or parole; or (b) whenever complaint is made before any magistrate in this State setting forth on the affidavit of any credible person in another State that a crime has been committed in such other State and that the accused has been charged in such State with the commission of the crime, or that the accused has been convicted of a crime in that State and has escaped from bail, probation or parole and is believed to be in this State; then the magistrate shall issue a warrant directed to any peace officer commanding him to apprehend the person named therein, wherever he may be found in this State, and to bring him before the same or any other magistrate who is available in or convenient of access to the place where the arrest is made. A certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
California Penal Code Section 1551.05
(a) Any person on outpatient status pursuant to Title 15 (commencing with Section 1600) of Part 2 or pursuant to subdivision (d) of Section 2972 who leaves this state without complying with Section 1611, or who fails to return to this state on the date specified by the committing court, shall be subject to extradition in accordance with this section.
(b) If the return to this state is required by a person who is subject to extradition pursuant to subdivision (a), the Director of State Hospitals shall present to the Governor a written application for requisition for the return of that person. In the requisition application there shall be stated the name of the person, the type of judicial commitment the person is under, the nature of the underlying criminal act which was the basis for the judicial commitment, the circumstances of the noncompliance with Section 1611, and the state in which the person is believed to be, including the specific location of the person, if known.
(c) The application shall be verified, shall be executed in duplicate, and shall be accompanied by two certified copies of the court order of judicial commitment and of the court order authorizing outpatient status. The director may also attach any affidavits or other documents in duplicate as are deemed proper to be submitted with the application. One copy of the application, with the action of the Governor indicated by endorsement thereon, and one copy of the court orders shall be filed in the office of the Secretary of State. The other copies of all papers shall be forwarded with the Governor’s requisition.
(d) Upon receipt of an application under this section, the Governor or agent authorized in writing by the Governor whose authorization has been filed with the Secretary of State, may sign a requisition for the return of the person.
California Penal Code Section 1551.1
The arrest of a person may also be lawfully made by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the courts of any other state with a crime punishable by death or imprisonment for a term exceeding one year, or that the person has been convicted of a crime punishable in the state of conviction by imprisonment for a term exceeding one year and thereafter escaped from confinement or violated the terms of his or her bail, probation or parole. When so arrested the accused shall be taken before a magistrate with all practicable speed and complaint shall be made against him or her under oath setting forth the ground for the arrest as in Section 1551.
California Penal Code Section 1551.2
At the initial appearance of a person arrested under Section 1551or1551.1, he shall be informed of the reason for his arrest and of his right to demand and procure counsel. If the person denies that he is the same person charged with or convicted of a crime in the other state, a hearing shall be held within 10 days to determine whether there is probable cause to believe that he is the same person and whether he is charged with or convicted of a crime in the other state. At the hearing, the magistrate shall accept a certified copy of an indictment found, an information, a verified complaint, a judgment or sentence, or other judicial proceedings against that person in the state in which the crime is charged or the conviction occurred, and such copy shall constitute conclusive proof of its contents. Witnesses from the other state shall not be required to be present at the hearing.
California Penal Code Section 1551.3
Immediately upon the arrest of the person charged, the magistrate must give notice thereof to the district attorney. The district attorney must immediately thereafter give notice to the executive authority of the State, or to the prosecuting attorney or presiding judge of the court of the city or county within the State having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged.
Hiring a California Extradition Attorney: How we are engaged
Some of our clients arrive alone, without other representation. We become central to assembling the necessary team for a comprehensive defense including attorneys and experts in the United States and Internationally. We have extensive experience and contacts around the world.
Others however reach us through their foreign counsel and engage our services to become part of the defense team they are putting together.
Fees and Expenses:
Every case has a completely different set of facts and circumstances that make quoting a case highly individual. Cases involving international extradition laws can be extremely expensive due to the time needed for long-distance travel. Cases within the United States on the other hand may involve little more work than the defense itself and so can sometimes be included in the defense fee itself.
Due to the nature of many extradition cases, significant time may be required to prepare for a meaningful consultation and often can also require travel. As such, attorney’s fees will likely be incurred for the consultation itself. All such fees will be applied in full to your retainer should you decide to engage our services. Call us today to schedule your free consultation.
California Extradition Penal Code Laws
Penal Code Sections 1548-1558 PC
- California Penal Code Section 1548
- California Penal Code Section 1548.1
- California Penal Code Section 1548.2
- California Penal Code Section 1548.3
- California Penal Code Section 1549
- California Penal Code Section 1549.1
- California Penal Code Section 1549.2
- California Penal Code Section 1549.3
- California Penal Code Section 1550
- California Penal Code Section 1550.1
- California Penal Code Section 1550.2
- California Penal Code Section 1550.3
- California Penal Code Section 1551
- California Penal Code Section 1551.05
- California Penal Code Section 1551.1
- California Penal Code Section 1551.2
- California Penal Code Section 1551.3
- California Penal Code Section 1552
- California Penal Code Section 1552.1
- California Penal Code Section 1552.2
- California Penal Code Section 1553
- California Penal Code Section 1553.1
- California Penal Code Section 1553.2
- California Penal Code Section 1554
- California Penal Code Section 1554.1
- California Penal Code Section 1554.2
- California Penal Code Section 1554.3
- California Penal Code Section 1555
- California Penal Code Section 1555.1
- California Penal Code Section 1555.2
- California Penal Code Section 1555.3
- California Penal Code Section 1556
- California Penal Code Section 1556.1
- California Penal Code Section 1556.2
- California Penal Code Section 1557
- California Penal Code Section 1558
FederalCriminalDefense.Pro