Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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It is possible for a person to be arrested in California if he has a misdemeanor bench warrant from out of state.
The fact that a judge issues a bench warrant against a person typically gets put into an interstate computer network. This means that the warrant will show up out of state if the police check the person’s background.
Therefore, if the party is stopped in California, and the warrant from the other state shows up, the party can be arrested and held until the warrant state decides whether to extradite him back.
Under California law, extradition refers to the legal process of returning a “fugitive from justice” back to the state in which he allegedly committed a crime or became the subject of a bench warrant. There are two types of California extradition. These are:
Note that a judge authorizes a bench warrant usually because a party has failed to:
A bench warrant authorizes law enforcement personnel to arrest the person named on the warrant and bring him directly to court.
If police discover that a person in California has a bench warrant from a different state, then officers can arrest him.
But note that the state that issued the warrant may not want to extradite the person back. If this is the case, the party that gets arrested will be released from custody.
The term extradition refers to the legal process of transporting suspected or convicted criminals from one state to another when that person has allegedly fled from the criminal justice system.
As a result,
Extradition from California refers to the situation in which a person commits a crime from another state, or is subject to another state’s bench warrant, and then goes to California. In this case, if the home state wants to punish or penalize the party, they will send agents from the state to the asylum state to bring the party back to “home” territory.
Please note that even if a demanding state opts for extradition, California will not automatically release the person in custody to the other state.
California extradition law first requires that California:
Extradition into California refers to the situation where a person allegedly:
and then for whatever reason flees the state, and California demands that the person be extradited back.
But note that before California demands a person’s return, it must weigh the time and expense of bringing the person back to the state against the severity of the crime/violation of which he was accused. If it decides that extradition is appropriate, there is a series of steps that it must then follow in order to secure a person’s extradition into California.
A “bench warrant” (sometimes referred to as a “body attachment“) is the most common type of warrant issued in California. It is issued from “the bench,” which means the judge. These warrants are not issued because of suspected criminal activity. Rather, a judge authorizes a warrant typically because a party has failed to:
A California bench warrant authorizes law enforcement personnel to arrest the person named in the warrant and bring him directly to court.
Most California courts will not recall or drop a bench warrant on their own. If a party is subject to this warrant, then he must work to get it cleared. Clearing a bench warrant is also referred to as “recalling” or “quashing” one. Quashing a bench warrant means having it removed from California’s judicial system.
A party must appear in court in order to recall a warrant.
A person can have his attorney appear in court on the person’s behalf, provided that:
If, though, a person failed to obey a court order that arose out of a felony case, the party must be present in court personally (with or without an attorney) in order to clear a warrant.
In trying to quash a bench warrant, a party (or his attorney) can try to do so by arguing that:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.