Legal Question in Criminal Law in California
is there a way to avoid extradition for a probation violation on a felony? or have the probation transfered?
2 Answers from Attorneys
Extradition can be 'fought', but no guarantee of success. The mere fight may get them to drop the request, or you may have groups to oppose the extradition. It is up to you to explain to me what you think they are, as I can't make them up. They could include unsupportable charges, valid defenses showing 'innocence', procedural defects in the case, statute of limitations, etc, etc. If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
Transferring probation interstate requires formal approval of probation dept and court orders in each state. Not likely unless extraordinary case and reasons.
Probation can be transferred from one state to another for good cause such as family or a job in the new state. But it is unlikely if a motion to revoke probation is pending. Fighting extradition is very hard. Generally you must show that you are not the person wanted. They can use fingerprints to show that you are the same person. If you are arrested and extradition is requested you may spend considerable time in jail waiting to be extradited and have an uncomfortable cross country trip guarded by deputies or probation officers. If you haven't been arrested you might contact your lawyer and have him/her arrange a surrender. You are generally better off if you surrender than if you are arrested.
Related Questions & Answers
-
Can I get an appeal on a felony conviction after pleading guilty Asked 9/12/12, 12:14 pm in United States California Criminal Law
-
My brother in law is in county jail with 2 strikes on his record & now is... Asked 9/11/12, 10:04 pm in United States California Criminal Law
-
If a parent hits a child and the child hits back,can the child be charged? Asked 9/11/12, 5:38 pm in United States California Criminal Law