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What are the pros/cons to fighting an extradition? Are charges from home state dropped if fighting an extradition is successful?
Anonymous1 views4 answers
Demanding state is CA and asylum state is NC. On 4/30/14 my son was arrested for an unknown, outstanding warrant in CA involving one or more robberies almost a year old. The following morning, my son was told to sign some "waiver" without first speaking with an attorney. He was told NC will provide a court-ordered attorney, however, they have not yet met. Can this signed "waiver" be revoked if it is best for him to fight the extradition? Two other people are named in the L.A., CA case and have been in custody for almost a year.
Anthony Michael SolisCriminal Defense AttorneyLos Angeles, CA ·
Your first order of business is to get a lawyer in California in order to find out as much as you can about the CA case and perhaps get the police reports (even from the attorneys from the other two defendants). Typically extradition matters don't involve guilt or innocence. Rather, they deal with whether the arrestee is indeed the same person named in the out of state (CA) warrant and secondly, whether there is a valid warrant. Often, its a bad idea to fight extradition and merely delay the time that you will be brought to CA in order to start the case. If he has waived extradition, its probably already in process and it may be difficult to undo the waiver. You should avail yourself of consult with a CA lawyer. Many of us offer free consultation, but in any event, he'll need a CA Attorney to deal with the case.
When you fight extradition it makes California prove to the other state that you are the person that is wanted on the warrant. If it is not you, you should fight extradition. On a felony they are going to extradite the person if they can prove it is the defendant that they want. Once California has shown that the person in custody is the one they want that individual will be placed on a bus and brought to court in LA. More importantly are the robberies charges in LA. Robbery is a strike. It is unknown if your son was ever arraigned in LA. You should be looking at making sure he has good representation in California on the robbery case should he be extradited.
Brian K WanermanCriminal Defense AttorneySacramento, CACA licensed ·
If your son didn't do it, he should fight extradition and should get a good lawyer in NC to help him. If he did, he should voluntarily return to CA and spend his money on a good CA lawyer to defend him on the charges. If convicted, he'll go to prison and get a strike.
