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Extradition From California
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Extradition From California
Being extradited from California can be a scary and confusing process. This article will explain how extradition works in California, the laws involved, and what your rights are if you are facing extradition. We’ll also look at some real-world examples to help make sense of it all.
What is Extradition?
Extradition is when one state or country transfers a suspected or convicted criminal to another state or country. For example, if someone commits a crime in California and then flees to Nevada, California can request that Nevada extradite the person back to face charges[1]. Extradition can happen between U.S. states, or even between countries.
Extradition is based on the idea that people who commit crimes should not be able to escape prosecution by simply crossing state or national borders. The Constitution requires states to respect the criminal judgments of other states under the Full Faith and Credit Clause[2].
How Does Extradition Work in California?
If another state wants to extradite someone from California, they must make a request to the Governor’s office. The other state must show probable cause that the person committed a crime in their state.
If the Governor’s office approves the request, it will issue a Governor’s Warrant. This is an arrest warrant that authorizes law enforcement to arrest the person and deliver them to the agents of the demanding state. At this point, the agents from the other state come to California to take custody of the person.
California law sets out certain procedures that must be followed during the extradition process[3]:
- The person must be brought before a judge promptly after arrest.
- The judge informs the person they are being extradited and explains their legal rights.
- The judge sets bail, unless the crime is punishable by death or life imprisonment.
- The extradition hearing must happen within 30 days, unless postponed.
- At the hearing, the judge decides if the extradition documents are valid.
- If approved, the person is delivered to the agents of the demanding state.
Extradition between U.S. states is required by the U.S. Constitution and federal law. So if another state meets the requirements, California does not have discretion to refuse the request.
When Can Extradition Be Denied?
Although extradition is mandatory in most cases, there are certain defenses that can be raised to fight extradition from California:
- You are not the person wanted – If you can show you are not actually the person named in the extradition request, it may be denied.
- No probable cause – If the demanding state did not show probable cause you committed the crime, the extradition can be denied.
- Statute of limitations expired – If the statute of limitations has expired for the charges, extradition may be denied.
- Violation of extradition procedures – If the proper legal procedures were not followed, the extradition may be blocked.
In reality, however, it can be very difficult to successfully fight extradition. The legal standards favor extradition, and California may not review the strength of the case against you[4].
International Extradition
Extradition between countries, known as international extradition, works a bit differently. It is governed by treaties between the countries rather than constitutional law.
The United States has extradition treaties with over 100 countries. These treaties lay out the crimes that are extraditable and the procedures that must be followed.
For example, the extradition treaty between the U.S. and Canada prohibits extradition for political or military offenses. The treaty with Brazil prohibits extradition of Brazilian citizens[5].
To request extradition from another country, the U.S. must submit documents like an arrest warrant, charging documents, and summary of evidence. If the request meets the requirements of the treaty, the other country may extradite the fugitive.
International extradition can be challenged if the treaty’s procedures were not followed. Unique defenses like dual criminality, political offense exception, and nationality exception may also apply.
Recent Examples of Extradition from California
Extradition to Ohio
In 2021, a man wanted for murder in Ohio was arrested in San Diego and extradited back to Ohio. Ohio authorities said he shot and killed a 16-year-old boy who was trying to rob him during a drug deal. The man fled to California after the shooting.
Ohio submitted an extradition request with supporting affidavits and court documents. The Governor of California issued a warrant, and the man was sent back to Ohio after an extradition hearing[6].
Extradition to Mexico
A Mexican citizen who fled to California was extradited back to Mexico in 2022 to face charges relating to organized crime. According to prosecutors, he was involved in drug trafficking and money laundering for a Mexican cartel.
Mexico provided records connecting the suspect to homicides, kidnappings, and extortion. After the extradition hearing, the man was turned over to Mexican authorities.
Extradition to Armenia
In 2020, a man charged with tax evasion and fraud in Armenia was found living in Glendale, California. Armenia requested he be extradited under the treaty between the two countries.
The man opposed extradition, arguing that the charges were politically motivated. But the court ruled there was no evidence of political persecution, and allowed the extradition after Armenia submitted the required documents.
Conclusion
Being extradited can be a scary prospect, but understanding how the process works is the first step. While extradition is usually mandatory, speaking with an experienced criminal defense lawyer can help maximize your chances of staying in California. With proper legal help, it may be possible to challenge extradition or at least negotiate the terms.
References
[1] https://www.shouselaw.com/ca/defense/laws/extradition/
[2] https://www.findlaw.com/criminal/criminal-procedure/extradition.html
[4] https://www.shouselaw.com/ca/defense/laws/extradition-out-of-california/
[5] https://fam.state.gov/fam/07fam/07fam1620.html
https://www.justice.gov/usao-sdca/pr/mexican-man-extradited-san-diego-face-charges-tijuana