Los Angeles Extradition Warrant Lawyer

Los Angeles Extradition Warrant Attorney

When you are charged with a crime in another state’s jurisdiction, you can still be arrested for it if you attempt to flee to another jurisdiction. When you are arrested for that crime, you may be transferred to the area where you were charged with the crime through a process known as extradition. Extradition can be a complex legal process, but it is necessary for the criminal justice system. A Los Angeles extradition warrant lawyer can help you make sure your rights are not violated.

How Does the Extradition Process Work?

The state of California has comprehensive extradition laws that allow the governor of California specific powers to return somebody to the original jurisdiction after they have been caught fleeing to California. This can happen before they are tried for the crime in question, before they are to be sentenced for said crime, or if they have violated their parole or bail. The jurisdiction that wants the person returned is called the demanding state, while the person is called the fugitive.

The extradition process usually begins when a person in California is stopped for another crime and has their name run through the system. That system will find any other outstanding warrants that a person has in any other state in the country. If their name is flagged, California law enforcement will notify the other state that they have found one of their fugitives, and the fugitive in question will be held on their warrant.

Depending on the seriousness of the crime, the demanding state may be willing to spend quite a bit of time, effort, and money to get their fugitive back and make them face justice. Other times, if the crime is fairly minor, they may not bother. If the demanding state insists on getting their fugitive back, the fugitive must be brought before a judge as quickly as possible. The judge must then inform the fugitive of their arrest and of their right to counsel.

Challenging Extradition

If you are arrested for an outstanding warrant in another state and are facing extradition, you are well within your legal rights to retain the services of an experienced extradition lawyer to defend your rights. It is possible to challenge the validity of the extradition demand and contest extradition, though it may not be easy. Here are some ways you can challenge extradition:

• Lack of Probable Cause: The defendant can attempt to argue that there is no real probable cause for extradition. This can be hard to prove, especially if the crime for which you are accused has likely happened in another state.
• Mistaken Identity: One of the most common ways to challenge extradition is to claim mistaken identity. Sometimes, people who share the same name can be mixed up in legal proceedings. In the unfortunate event that you share the same name as somebody who has committed a crime and is sought for extradition, you may have a difficult time proving that you are not the same person as the fugitive in question.
• Documentation Errors: Sometimes, there may be glaring documentation errors that throw the validity of your entire case into question. In these cases, you and your lawyer may be able to claim that the errors are the result of questionable investigative techniques, which could help your case.

FAQs

How Do I Clear a Warrant in Los Angeles County?

If you want to clear a warrant in Los Angeles County, the first thing you should do is get a lawyer. You are going to want experienced legal counsel to help you handle the clearing of the warrant. To do so, you and your lawyer will need to voluntarily appear before a judge and ask for the warrant to be recalled. Depending on the type of warrant or the crime in question, this could be easier said than done. Generally, voluntarily appearing helps your case.

Can a Lawyer Clear a Warrant in California?

While a lawyer does not have the power to clear a warrant in California, they can certainly help you work on doing so. Only a judge can clear the warrant, but hiring experienced legal help can make all the difference as you try to have it cleared. A good defense lawyer will know how the system works and can provide you with consistent advice on how to approach the judge.

Why Should a Person Waive Extradition?

When you choose to waive extradition, you are essentially voluntarily giving up your right to an extradition hearing and agreeing to be transferred to the original jurisdiction without fighting the process. Choosing to waive extradition can help your case as it shows you are being cooperative and helping the state avoid a lengthy and expensive legal process. The more cooperative you are, the more favorable the result could be for you.

Does California Extradite for Misdemeanor Warrants?

Generally, California does not extradite fugitives for misdemeanor warrants. Depending on the situation, the governor may choose whether or not to extradite someone for a misdemeanor. The governor may take into account the severity of the crime, the fugitive’s criminal history, the amount of evidence against them, and whether the goal of a conviction is worth the time, effort, and money of the state.

Reach Out to an Experienced Extradition Lawyer Today

If you have an outstanding warrant against you from any state in the country, you could be picked up for it in Los Angeles. Depending on the nature of the charge against you, you could be looking at severe consequences and a lengthy extradition process. You may want to consider reaching out to an experienced extradition lawyer who can help you through the process and possibly even fight it.

The legal team at Law Offices of Marc S. Nurik can help you figure out a plan for your extradition situation. We can help you build up your case, develop a defense strategy, and make sure your interests are protected. Contact us to schedule a consultation with a valued team member.