For the past twenty-five years, I've been handling both state and federal criminal cases, and extradition has always come up. Unfortunately, it's a bit of a complicated term, and people don't understand or know how to handle it.
However, understanding the extradition process can empower you and give you a sense of control. It usually comes up when somebody has a warrant in a location. They're a fugitive from justice; therefore, whatever jurisdiction is looking for them puts the warrant out. When they get caught – if they're in a different state – they will be deported back to the area where the warrant is.
For example, suppose somebody is caught in Los Angeles because the police come in contact with them and run their fingerprints and see that they have a warrant in a state like Texas, for example.
In that case, they will be brought into the downtown court, department 30, which is the central arraignment court that deals with arraignments and extraditions. They're going to decide whether they've got the right person and whether or not the state where the warrant is wanted to extradite them to that location.
Extradition And An Identity Hearing
To determine whether or not a person will be deported, sent, or shipped to a location where they have a warrant, they are entitled to an identity hearing. It is a hearing where the court has them determine if they are the person being sought in a different jurisdiction.
So, it's an actual hearing where the prosecutors have to prove that this is the guy they're looking for. This guy has the warrant in the other state, and if they can prove that, then that would be step one towards extraditing the person to the location where the warrant is. Step two is the jurisdiction that the warrant is out of, which has to come to get him.
Unless there's some agreement – for example, between Los Angeles and Texas, in our above example where Los Angeles moves him to Texas, Texas will usually have to agree to get him. And sometimes, for whatever reason, they don't do that. They can only hold the person for so long before they have to let them go. So, unless Texas comes to get him, in our example, the person will be released, which happens all the time.
Waiving Identity For Purposes Of Extradition
Suppose you know that you're the person they are looking for. In that case, it's probably just a good idea to waive the identity hearing and agree that you're the person because the bottom line is eventually, you're going to have to face that warrant, and why just sit in custody waiting when you know they're going to be able to prove that you're the person they are looking for.
It doesn't make any sense. You're just burning time when the inevitable is that you will be found to be the person, and you're likely going to be deported. So, in that case, you would waive the identity hearing. This means you agree that you are the person they are looking for, which speeds up the process of getting you to that other state and dealing with the case.
As far as being extradited to another state, you will want to hire a lawyer if it's a state case in that particular local area where the warrant is pending.
Your lawyer in Los Angeles, for example, could help coordinate getting a lawyer in Texas. The role of the lawyer is to ensure your rights are protected, to assist in the coordination of legal proceedings between different jurisdictions, and to provide you with the best possible legal defense.
If it's a federal case, and you have a federal criminal defense attorney, they can assist you in any of the states in the United States because they all have the same federal sentencing guidelines.
Bail As It Relates To Extradition Hearings
Another issue that comes up is bail as it relates to extradition hearings. When it comes to bail, what you have to look at is – okay, is there a bail in the state with the warrant? In that case, we can get a bond company to post the bail. Then you have to look at – okay, is there a bail in the location that has you?
For example, in the example that we're using in Los Angeles, you could get a bond company to set bail, or once it's shown that a bond is posted in the state that has the warrant, then a lot of times, the Judge in Los Angeles will just let you go because you have a bond posted.
This possibility of bail can bring a sense of relief and hope, knowing that you might not have to stay in custody. Now, you will show up, or if they can prove that you showed up in court, they will take the warrant out of their system.
So, when it comes to this sort of stuff in extradition, it's a little bit complicated. Hence, it would be best if you got an attorney who's been down this road before and knows how to handle these cases.
Having a knowledgeable attorney by your side can provide a sense of relief, knowing that the process will be handled as swiftly and efficiently as possible, and the person in custody can get out as quickly as possible.
