Legal Question in Criminal Law in California
how to stop an interstate extraditing
Is there any available form I can submit to the courts in order to stop the extradition of a person from one state to another?
Can the form be submitted before the person has been arrested as a possible preventive measure?
I ask this because there is a warrant issued for a person and it specifically states to have the person extradited from any state back to California.
Thank you
1 Answer from Attorneys
Re: how to stop an interstate extraditing
Form - NO.
If the person is arrested, motions can be brought in the arresting court at that time, wherever that is.
The proper way to handle this is to have a California attorney local to the issuing court appear and represent the person to 'deal' with the charges and enter a plea bargain if possible. Until the charges and warrant are withdrawn, arrest and transport to CA is going to occur upon any contact with law enforcement in any state. Contact me if interested in doing this right.
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