California Penal Code Section 1555
A person brought into this State on, or after waiver of extradition based on a criminal charge shall not be subject to service of process in civil actions arising out of the same facts as the criminal proceedings for which he is returned, until he has been convicted in the criminal proceeding, or, if acquitted, until he has had reasonable opportunity to return to the State from which he was extradited.
California Penal Code Section 1555.1
Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation or parole may waive the issuance and service of the Governor’s warrant provided for in this chapter and all other procedure incidental to extradition proceedings, by subscribing in the presence of a magistrate within this state a writing which states that he or she consents to return to the demanding state; provided, however, that before such waiver shall be subscribed by such person, the magistrate shall inform him or her of his or her rights to require the issuance and service of a warrant of extradition as provided in this chapter.
If such waiver is executed, it shall forthwith be forwarded to the office of the Governor of this state, and filed therein. The magistrate shall remand the person to custody without bail, unless otherwise stipulated by the district attorney with the concurrence of the other state, and shall direct the officer having such person in custody to deliver such person forthwith to the duly authorized agent of the demanding state, and shall deliver to such agent a copy of such waiver.
Nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, provided that state consents, nor shall this procedure of waiver be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this state.
California Penal Code Section 1555.2
(a) If the arrested person refuses to sign a waiver of extradition under Section 1555.1, a hearing shall be held, upon application of the district attorney, to determine whether the person is alleged to have violated the terms of his release within the past five years on bail or own recognizance while charged with a crime punishable in the charging state by imprisonment for a term exceeding one year, or on probation or parole following conviction of a crime punishable in the state of conviction by imprisonment for a term exceeding one year, and whether, as a condition of that release, the person was required to waive extradition.
(b) At the hearing, the district attorney shall present a certified copy of the order from the other state conditionally releasing the person, including the condition that he was required to waive extradition together with a certified copy of the order from the other state directing the return of the person for violating the terms of his conditional release. The magistrate shall accept these certified copies as conclusive proof of their contents and shall presume the validity of the extradition waiver condition.
(c) If the magistrate finds that there is probable cause to believe that the arrested person is the same person named in the conditional release order and the order commanding his return, the magistrate shall forthwith issue an order remanding the person to custody without bail and directing the delivery of the person to duly accredited agents of the other state.
(d) Notwithstanding the provisions of subdivision (c), the district attorney may stipulate, with the concurrence of the other state, that the arrested person may be released on bail or own recognizance pending the arrival of duly accredited agents from the other state.
(e) If the arrested person or his counsel desires to test the legality of the order issued under subdivision (c), the magistrate shall fix a reasonable time to be allowed him within which to apply for a writ of habeas corpus. If the writ is denied and probable cause appears for an application for a writ of habeas corpus to another court, or justice or judge thereof, the order denying the writ shall fix a reasonable time within which the accused may again apply for a writ of habeas corpus. Unless otherwise stipulated pursuant to subdivision (d), the arrested person shall remain in custody without bail.
California Penal Code Section 1555.3
Nothing in this chapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try any demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state; nor shall any proceedings had under this chapter which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any manner whatsoever.
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
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