If you’re charged with a criminal offense and decide to choose to flee across state borders, you may be ordered to undergo trial in the state where the charges originated. The process of sending a defendant back is called “extradition.” 

You can be extradited from California to another state or extradited from another state to California if your charges originated here. Here’s what you need to know about extradition and how to get help from an experienced Sacramento criminal defense lawyer. 

The Process of Extradition 

The process of extradition begins whenever the state where the original crime took place issues a warrant for the arrest of a criminal suspect. This gives the state where the warrant was issued the authority to actively pursue the alleged offender. If they are located and apprehended, the defendant must be notified of the reason for their detention as well as their right to obtain legal counsel. 

A hearing is then held before the extradition, where the defendant is given an opportunity to reply to the request to be extradited. Generally, the hearing will be held at a criminal court that presides over the jurisdiction you are currently located in and it will then be decided if you will be removed from the state. 

Waiving Your Right to Extradition in California 

If a defendant waives their right to oppose extradition, they must wait up to 30 days to learn if the first-serving state would cover the extradition costs. It’s generally not  recommended that you resist being extradited, since you could be imprisoned for up to 90 days, which will not be applied to any sentencing issued in the first-serving state. 

It’s typically preferable to immediately address criminal charges of any kind as soon as possible, especially if they are from out of state, and your attorney may or may not advise you to renounce your right to contest the charges depending on the circumstances of your case.

Get Help From a Criminal Defense Lawyer Today 

If you’ve been charged with a criminal offense, you should get in contact with an experienced Sacramento criminal defense attorney as soon as you can no matter how light or severe the charges are. 

Your reputation and future are on the line and depending on the charges you’re facing, you could be penalized with fines, incarceration, or both. Contact Jennifer Mouzis today for your initial consultation at (916) 822-8702.