What Is Extradition?
Posted on July 18, 2008
Filed Under Extradition, Felonies, Law |
Often a person commits a crime in one state, then flees to another state or country where he is discovered and arrested. The process of returning the fugitive to the state or country where the crime was committed so he can stand trial is called extradition.
The 2006 arrest of Duane Dog Chapman, star of the A&E reality series Dog the Bounty Hunter, for extradition to Mexico is one of the more flamboyant examples of extradition. In late 2006 U.S. Marshalls arrested the bounty hunter and two others members of his team in relation to his 2003 capture and return to the U.S. of Max Factor cosmetics heir Andrew Luster who was wanted in the U.S. for drugging and raping numerous women. Thanks to Dog, Luster is in jail, serving a 124-year sentence for serial rape. Unfortunately for Dog, bounty hunting is illegal in Mexico. After more than a year of high profile legal wrangling, the charges were dropped in 2007 and extradition was cancelled.
California recognizes two kinds of extradition:
- When a fugitive is arrested in California but the crime occurred in another U.S. state, and
- When a fugitive is arrested in another state for a crime committed in California.
The individual may have fled the state in which the crime was committed to seek asylum in another state. Sometimes, however, an individual is arrested and does not know he is wanted for a crime in another state. In either instance, California laws protect wanted fugitives charged with extradition. Before extradition can take place, a number of legal proceedings occur to protect the rights of the accused and ensure that extradition is valid. These proceedings take time and the accused is usually jailed during that time.
With the help of a skilled extradition attorney, you can fight extradition. Not only can you fight the extradition, but you can challenge the original charges. Defense of an extradition case generally focuses on:
- validity of the documents filed by the prosecutor, and/or
- proof of identity procedures.
A criminal defense attorney may also negotiate with the wanting state (the state that issued the extradition order) to resolve the case prior to extradition.
You can’t fight extradition without the help of a skilled California criminal defense attorney experienced in extradition law. The extradition process is long and complicated. You could be sitting in jail for 1 to 3 months before extradition paperwork is even processed. If you are arrested in an extradition proceeding, contact a lawyer immediately.
-LegalPro
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