Extradition, legally defined, is what happens when a person residing in one state of the United States or in a different country is accused of a crime in another state or country and is transferred there for trial.
An extradition from one state to another takes place when the governor of the state where the accused resides orders the person to be transported to the state where he or she is alleged to have committed the crime. Courts have a limited jurisdiction in these matters. Under Supreme Court precedence they can only consider four things when approving an extradition.
(1) whether or not the extradition documents on their face are in order,
(2) whether or not the petitioner has been charged with a crime in the demanding state,
(3) whether or not the petitioner is the person named in the request for the extradition,
(4) whether or not the petitioner is a fugitive.
The court in the state from where the accused is being extradited does not decide the merits of the case. That is the function of the court in the state where the crime is alleged to have been committed.
Extradition of a person from one nation to another depends on the specific treaty involved. Generally for an offense to be extraditable it has to be a crime in both countries. There are exceptions, however. Many countries will not extradite a person if he or she is charged with a "political" crime, such as treason or sedition. Also many countries will not extradite a person to the United States if that person may be subjected to the death penalty.
Since the facts of each extradition case are unique, contact us for additional information. We represent individuals from the Riverside County cities of Murrieta, Temecula, Menifee, Wildomar, Hemet, Lake Elsinore, Perris, Banning, Corona and Riverside. We also handle extraditions for the residents of San Bernardino, San Diego and Orange counties.