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IS IT MOST LIKELY THAT THE PERSON WILL GET EXTRADITED FROM CA TO NV ON AGGRAVATED-ASSAULT BODILY INJURY WITH DEADLY WEAPON AFTER

Sacramento, CA |

SEEING THE JUDGE.

Attorney Answers 3


  1. It's not up to the judge in California - it's up to Nevada to arrange to get their defendant back.

    If a person is arrested here on an out-of state warrant, they are then held on a fugitive complaint in CA, giving the local court jurisdiction. The defendant then has a choice - request an ID hearing or waive it. If they request an ID hearing, it isn't a hearing whether or not the requesting state wants them, whether they're guilty or anything to do with the facts. The only question is: Is the person in court here the person named in the warrant from the other state?

    If they choose to waive that hearing (or if they are found to be the person named after the hearing), then the authorities here in CA notify the requesting state. If Nevada wants him, they will arrange to have him transported back. Based on the charges you list in your question, I assume they will want him extradited.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  2. Yep, once he is identified as the wanted individual, a CA judge will ship him back in the custody of NV authorities.

    Seth Weinstein, Esq.
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.


  3. That is Nevada's call but I am guessing they will want him.

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