Warrants get issued for people nationwide, and then they get caught in a state. Then, the question is going to be, will the person be deported back to the state where the warrant is based? They catch people in California all of the time. I do a lot of these cases.
To give readers a better understanding about extradition warrants, our California criminal defense attorneys are providing an overview below.
They either want to move the people to another state, or they're moving them to another jurisdiction in California, or you have a situation where a person is caught in another state. They're going to be deported back to California. See Proceedings Against Fugitives From Justice – California Penal Code 1547 – 1558.
Regardless of the situation, it's always a proactive move to secure legal representation in both locations. This ensures that you have a voice in the jurisdiction where the case is pending, potentially influencing the outcome of the deportation.
You want the attorney to start making some moves before the person gets back to the particular courthouse where the case is pending. Also, sometimes things can be done to post bail in the jurisdiction where the case is pending and also post bail in the jurisdiction where the person is caught and then the person can get out and show up themselves into the area where the warrant is versus having to be extradited back.
The problem with extradition into California from another state is it takes time. You could sit in there for two to five weeks waiting to get deported back to California. It's just a waste of time, especially if it's not a case where prison or jail time will occur. Why would you burn everything in custody when it could be handled correctly?
Identity Hearing
Another issue that comes up in these extradition cases — extraditing the person into California or out of California to another state is an Identity Hearing.
They're trying to determine whether or not the person they're trying to move is the person that the jurisdiction that has the warrant is looking for. So, of course, that person is entitled to an identity hearing.
In other words, if they grab the wrong person and then try to move them into California, that person will want to say, no, I don't want to go to California. I don't want to be deported. The warrant's not for me. I'm not the person.
So, they would be entitled to an identity hearing to prove whether or not they're the person. If it can be shown that they're not the person, then they're not going to be deported and will be released. In this process, the attorney plays a crucial role in presenting evidence and arguments to prove the defendant's identity. And obviously, they'd better hire an attorney to figure out the whole extradition issue so they don't have this problem again.
If you are the person they're trying to find, and you know you have a warrant. You're in California or another location or their family member. You know they have a warrant; in my opinion, why waste time doing an identity hearing?
You might as well deal with the issue. Otherwise, you're going to burn a bunch of time in custody, ultimately just to be determined to be the person, and you're going to be deported anyway.
Let's assume somehow you can just escape and you can avoid the extradition, that's fine but you're still going to have the warrant. You're still going to be in a position where any future contact with law enforcement could result in an arrest, and law enforcement may come and try to find you if they see that you have a warrant in their jurisdiction. So, it's usually just best to take care of everything. Avoiding extradition may provide temporary relief, but it does not resolve the underlying legal issue and can lead to further complications.
Retaining a California Criminal Lawyer
Your priority is to hire a lawyer in California if you have a warrant and are being deported into California from a different location. Let that lawyer start to make moves for you on your behalf before you even get there. Speak to the prosecutor and look at any defenses that might be available.
By resolving the case early, you can avoid unnecessary time in custody and the stress of a prolonged legal battle. Your lawyer can explore all possible avenues, including arguing for bail and seeking a resolution that best serves your interests.
If you've got an extradition case and you or a loved one is being moved into California and need a lawyer, pick up the phone. Make the call. I stand ready to help you with over 26 years of experience.
