Legal Question in Criminal Law in California

State Laws concerning extraditing

If a person is wanted under a warrant from the state of california, and he is currently living in the state of Texas; if he were to come into contact with a Texan peace officer will his warrant be common police knowledge and will the remand the californian for his warrant? If so, will California extradite the criminal from Texas? What states do not extradite back to California?


Asked on 3/13/02, 9:20 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: State Laws concerning extraditing

When the officer stops a citizen they run a 'wants and warrants.' If there is one they take the person into custody. Then the state that issued the warrant is contacted and they have 'X' number of days (it's something like four days) to contact the jail (run by the county sheriff) holding the individual, and inform them they want the individual. The Sheriff of the County holding the individual then will ask the individual if they want to waive extradition or not. If not there's a short court hearing and the individual is then released to the officer/police/marshal/sheriff's deputies coming to take the individual back. That, that's all folks!!! All jurisdictions, most countries and territories and protectorates extradite. The question is does the jurisdiction that issued the warrant really want to spend the money to get the individual back. If the case isn't that important. Then they'll not spend the money and the individual is released until the next time he/she is stopped, taken into custody to be held again, and go through the drill. It's tough being a criminal. Even one that nobody wants.

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Answered on 3/13/02, 9:50 pm


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