California Extradition Law is pursuant Section 50.34 of the Penal Code. California has signed onto the “Uniform Criminal Extradition Act.” Both of these laws require a person arrested in another state to be returned to California to face their criminal charges.
In practice, Florida , Alaska , and Hawaii typically do not extradite if the crime in question is not a felony because of the associated costs of transporting the suspect and the housing fees that must be paid to the jurisdiction in which the accused is held until transported.
Extradition requests are made from the office of one state’s governor to the other. If the request is approved by both governors, an extradition hearing will be held and a court in the state with the fugitive will make a decision to grant or deny extradition .
If you have been charged with a crime in California , if you escape from custody, or if you violate the conditions of bail, parole, or probation in California , and if you subsequently flee from this state, California authorities may seek your extradition .
Some crimes which may be subject to extradition include murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage. Some of the most common extradition cases involving the U.S. are between our neighboring countries of Mexico and Canada.
While California typically does not extradite people on misdemeanor warrants, the local law enforcement may hold the individual on the California warrant before it is determined that California will not seek extradition . The defendant would typically remain in custody while he or she is transported to California .
France and the US do have an extradition treaty, and it is Polanski’s French citizenship that seems to be the only thing keeping him secure ( France does not extradite its own citizens).
Subject to Arizona and federal law, the Governor is authorized to extradite a fugitive in Arizona who is charged with committing a criminal act in another state upon the demand of that state’s executive authority.
Canada is one of the more than 100 countries with which the United States has extradition treaties, obligating it to cooperate with OIA requests. These treaties vary by the offenses covered, and some exclude a nation’s own citizens or anyone facing capital punishment.
The U.S. has extradition treaties with more than half the nations of the world, including most of Europe and all of Central and South America . It does not have treaties, though, with dozens of others, including China , Iran, North Korea, and Russia, as well as many African, Middle Eastern, and former Soviet nations.
Countries with a rule of law typically make extradition subject to review by that country’s courts. These countries , however, make their criminal laws applicable to citizens abroad, and they try citizens suspected of crimes committed abroad under their own laws.
The answer is yes, United States citizen can be extradicted to other countries in order to be charged with alleged crimes. §3184 states that an individual may only be extradicted if there exist an extradition treaty between the United States and the requesting country.
If a warrant is issued for a person’s arrest because a crime was committed in Texas then the crime must be prosecuted in Texas . If the person is not located within the state of Texas , then the person can be extradited back to Texas . Because extradition is expensive, it is usually used only in felony cases.
Typically, it takes 21 days from the time of submitting a request containing all necessary information to the time a Governor’s Warrant is served on the fugitive. Should there be any questions regarding issuance of a Governor’s Warrant , please contact Christopher N.
A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. Finally, the literary sense of ” fugitive ” includes the meaning of simply “fleeing”.