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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26857
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My daughter was recently hauled off to jail on a "federal

Customer Question

My daughter was recently hauled off to jail on a "federal extraditable warrant" for a gun offense. This issuing state was CA, however she has never been arrested, or cited for anything in that state. How do we find out what is going on with that, how they can do that, and how to get it dismissed?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


Just to clarify, are you saying that your daughter is in state custody at this time, awaiting extradition by the Federal government?

Customer: replied 1 year ago.
No she is not. We were traveling, in Utah, when a police officer pulled her over for no "running lights" on the vehicle she was driving, when he ran her name the warrant came up, he transported her to jail, to await extradition. They then released her stating that CA did not want to come and get her.
Customer: replied 1 year ago.
They told us it was a FEDERAL warrant, from the state of California, so we are a little confused.
Expert:  Zoey_ JD replied 1 year ago.

Because there are different states involved, it's Federal law that defines the procedure and requirements for the extradition of defendants. US Marshals would generally pick up a defendant to transport him across state lines to the wanting state. However, the case itself is a California rather than a Federal case.

Your daughter is going to have to deal with this, because if she doesn't and she's stopped for any other reason, this can continue to happen to her. If California is not interested in extraditing, it is likely that this matter is not as serious as you think it is. She needs a California lawyer to find the warrant and see if they can quash it for her, since CA declined to extradite and may not even be interested in prosecuting her. Failing that, she would have to appear in court with the lawyer and address the charges against her.