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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 33109
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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California law extradition warrant, no my son is out of

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california law extradition warrant
JA: Is the person in custody now? For how many days so far?
Customer: no my son is out of custody has charges pending in california my son suffers from a mental illness and was released to my care over a year ago and then got into trouble again in another state he has a public defender in california refuses to issue an extradition warrant I wish to discuss with a california attorney extradition warrants
JA: What was the underlying crime? Was there a conviction?
Customer: the underlying crime is over charged.. he is charge with assault with a deadly weapon by his father there was no deadly weapon.. his father is a liar his father states that he picked up a pair of scissors and threaten to harm him but my son states he had no scissors there are no witnesses my son was determined to be not competent to stand trial and then released to me
JA: Anything else you want the lawyer to know before I connect you?
Customer: no other than my son has pending charges in california and when he left he was still determined not competent to stand trial he has charges pending in oklahoma and he is not allowed to leave oklahoma
Customer: replied 4 months ago.
I am only asking about California Extradition Warrants..

Hi,

I'm Zoey.

I've reviewed your post. What is your question about extradition warrants?

Customer: replied 4 months ago.
have you ever been involved in a california extradition warrant?

I have handled many extradition matters over a long career in criminal defense, but I am not a California lawyer. If you think that one is necessary, let me know and I will opt out of the question.

Customer: replied 4 months ago.
I think I need another attorney.. thanks..
Customer: replied 4 months ago.
Please send me to someone who has done a california extradition warrant.. or can discuss the process
Customer: replied 4 months ago.
if you have handled many extradition matters.. have you ever handled a governor extradition warrant?

Yes. All extradition warrants require papers from the governor of the state that wants them.

Customer: replied 4 months ago.
if a governor's warrant is necessary can an attorney just get by illegally with issuing a "warrant" for your arrest vs issuing a bench warrant
Customer: replied 4 months ago.
sorry.. i mean can an attorney request a bench warrant vs a governor's warrant

It's easier for me to call.

Zoey_ JD and 4 other Criminal Law Specialists are ready to help you
Customer: replied 4 months ago.
who is responsible for having a "governor's extradition warrant issued??? maybe that is a better question

I did a little research last night based on our phone conversation. I didn't find anything directly on point except for a fascinating journal article that I'm linking you to here.

States are all over the map when it comes to the rights of incompetent defendants and extradition. So I think that establishes why something like this can occur. The majority of states with laws in this area believe that an incompetent defendant has no right to contest extradition. But the majority of states in this country, California and Oklahoma among them, have no law at all in this area.

The only time I was professionally involved with an incompetent client facing extradition, he had no New York hold other than the Pennsylvania warrant, and Pennsylvania solved the problem by deciding they didn't want him after all, once they learned he had been moved to a prison wing in Bellevue Hospital.

http://jaapl.org/content/43/2/201

There seems to be a huge hole in the law here. Hopefully, his Oklahoma lawyer may have an interest in trying to plug it and making some law for the state.

Customer: replied 4 months ago.
Sthank you ryan has a hold here he has two pending cases here thank you which his california attorney was fully aware existed so if he has a hold why doesnt she issue a stay

Agreed. Oklahoma is not required to give him up if they have a hold on him. They are free to resolve their matter first before doing so.