In California, extradition is the legal process by which someone who is accused or convicted of a crime in another state is apprehended and returned to face charges or serve a sentence. This process is authorized by both state and federal law, including the U.S. Constitution, California Penal Code §§ 1548–1558, and the Uniform Criminal Extradition Act (UCEA).
If you’re facing extradition, understanding your rights and how the system works can make a significant difference.
What Is an Extradition Warrant?
An extradition warrant is a formal legal document authorizing law enforcement to arrest and hold a person for return to another jurisdiction where criminal charges or penalties await.
There are two major types of extradition:
Interstate extradition: Between two U.S. states
International extradition: Between the U.S. and foreign countries (governed by treaties and federal law)
Legal Authority in California
The process is legally supported by:
U.S. Constitution, Article IV, Section 2
Requires states to return fugitives charged with crimes in other states.18 U.S. Code § 3182
Federal statute that mandates extradition procedures between states.California Penal Code §§ 1548–1558
Lays out California’s specific rules for handling extradition, including:Timelines
Arrest and detention procedures
Rights to a hearing
You can access the full penal code at California Legislative Information
The Extradition Process: Step-by-Step
1. Extradition Request
A state seeking the return of a suspect submits a formal requisition request to the Governor of California, including:
An arrest warrant
Indictment or affidavit
Evidence showing the person is a fugitive
2. Governor’s Warrant
If the request meets all legal requirements, the Governor of California issues a Governor’s Warrant under Penal Code § 1549.1. Law enforcement may then arrest the individual.
3. Arrest and Initial Hearing
The person is taken into custody and:
Informed of the reason for arrest
Given a court date
Possibly offered bail, depending on the case
4. Extradition Hearing
At the hearing, the court confirms:
The person’s identity
That the warrant is properly issued
That the documentation is valid
Note: The court does not examine whether the person is guilty — only if the extradition is legally valid.
5. Waiver of Extradition
A person may waive extradition and voluntarily agree to return to the requesting state under Penal Code § 1555.1.
6. Transfer
If extradition is granted or waived, authorities from the requesting state retrieve the individual within a legally allowed time frame.
How Long Can California Detain You?
According to Penal Code § 1552.2:
The initial holding period is 30 days
Courts can extend detention up to 60 days if necessary
Rights of Individuals Facing Extradition
If you are arrested on an out-of-state warrant in California, you have the right to:
Be informed of the charges and the extradition request
Appear before a judge
Challenge the warrant on legal grounds
Request bail (if eligible)
Be represented by an attorney
Common Grounds for Extradition
You may be extradited for:
Felony charges from another state
Skipping court after being released on bail
Escaping from jail or prison
Violating probation or parole in another state
Can You Fight Extradition?
Yes, but challenges are limited to:
Mistaken identity (you are not the person wanted)
Defective paperwork (missing or incorrect documentation)
Violation of due process (rare, but possible)
If the legal requirements are met, the extradition will usually proceed.
Frequently Asked Questions (FAQs)
❓ Can I post bail while waiting for extradition?
Possibly, but not always. Some individuals held under extradition warrants are not eligible for bail, especially for serious felonies.
❓ What happens if I waive extradition?
You agree to return to the requesting state voluntarily. This usually shortens the process and may work in your favor during sentencing.
❓ Will California drop the case if I stay long enough?
No. California may detain you for up to 60 days, and additional time may be granted if the requesting state shows good cause for delays.
❓ Can I be extradited for misdemeanors?
Yes, but it’s less common. The Governor has discretion in whether to honor a request involving minor offenses.
❓ Does the judge decide if I’m guilty?
No. California courts do not review the underlying charges. The judge only decides whether to grant extradition based on legal and procedural rules.
❓ What if I’m arrested by mistake?
If you are not the person named in the warrant, your attorney can present identity evidence at the hearing to have you released.
Legal Glossary (Helpful Terms)
| Term | Definition |
|---|---|
| Extradition | Transfer of a person to another state or country to face criminal charges |
| Governor’s Warrant | A California governor’s official order to arrest someone for extradition |
| Fugitive from Justice | A person who has left the state to avoid prosecution or punishment |
| Waiver of Extradition | A signed agreement to return voluntarily to the demanding state |
| Requisition | A formal request by one state to another for extradition |
Extradition in California is a well-defined legal process guided by the U.S. Constitution and California state law. Whether you’re facing extradition or helping someone who is, understanding your rights and the process can provide a path forward. You can read the full legal text at California Legislative Info.
🟩 Tip: Always consult with a licensed attorney for legal representation or advice if you are subject to an extradition warrant.
