Legal Question in Criminal Law in California

extradition

If there were crimes committed by a person in the state of California by an individual and that person fled the state and this person was detained in another state and a pre-sentence investigation was done on them and the charges were found out about and the state of california did not wish to extradite in 1995. Can they now in 2001 come back and extradite him at this time? Also is there a statute of limitations on Possession of a firearm, controlled substance, and paraphanelia in this state. What is the law on the three strike in CA. Once the warrant is issued for this person that is in PA now does the sheriffs office in CA have to pick him up, and if they do not pick him up does he go free and can they come after him again?

thank you!!


Asked on 4/28/01, 12:51 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: extradition

Hiding from criminal prosecution normally stays the statue of limitations. However, once the police know where an individual is that starts the running of the statute of limitation again.

So if the crime is relatively unimportant, the State of California may not pay to have the individual extradited. which costs a lot of money.

There are statute of limitations one all of the charges that you mention.

I believe your question on 'Three Strikes' is - does a criminal conviction in another state or the Federal Courts for a crime that is similar to a criminal 'strike' charge in California - count as a 'strike' in California. The answer is 'Yes.'

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Answered on 6/18/01, 11:39 pm


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