If one is going to represent oneself, one is setting oneself up to do something foolish, even if one is an attorney. However, by reading the following article, one might minimize or avoid doing certain things that judges notice with a negative impression. While this list is far from exhaustive, it at least give the reader a reminder of how important it is to always preserve one’s credibility in court and how to do so.
As one can imagine, admitting evidence of a prior arrest for the jury to hear about can have tremendously prejudicial effect. It is primarily used to attack the credibility of someone, but judges are vigilant to prevent a prior arrest being admitted as character evidence. Sometimes, as the following case summary exemplifies, evidence of a prior arrest has relevancy toward rebutting a defendant’s claim of lack of knowledge about something, as the prior arrest gave defendant such knowledge. To read more about this issue, click on the following link.
To answer the question posed in the titled to this blog post, it matters. What can affect if such a waiver is enforceable and valid? California Penal Code § 1552.5 covers the validity of such a waiver, often taken before someone is allowed to walk away on probation, parole or bail. What exactly does 1552.5 state? To read about this common issue, click on the following link.
One method of avoiding extradition is to communicate with the prosecutor in the demanding state and to enter into a plea bargain from the state where one is being held. This certainly cannot always be accomplished, but it is prudent to consider this and perhaps even put forth a good-faith effort to do so, as it does help the demanding state avoid the expense of bringing back the fugitive and it does resolve the case. To read more about this, click on the following link.
The following article is a must-read for anyone facing extradition or anyone who knows someone facing extradition. Far too often, the fundamentals are overlooked and folks focus on collateral details that will not affect whether someone is extradited back to a demanding state. To read this short article, click on the following link.
One of the fundamental requirements to extradite a fugitive to the demanding state is to make sure the person taken into custody, i.e. at customs at LAX, is really the person sought and the subject of a bench or arrest warrant. How is this confirmed or challenged? The procedure for doing so is an Identity Hearing. What happens at such a hearing? To find out, click on the following link to read a short article about this hearing.
There are many people who have called our office about someone in their family being taken into custody at LAX when coming through customs. The immigration officers there take the person into custody allegedly because there is a bench warrant or arrest warrant from another state. Immigration will then transfer the person to a local jail for a extradition hearing in a local courthouse here in Los Angeles. How does one prevent being sent to another state for this warrant? To read about how to do so, click on the following link.
Extradition is a significant show of governmental power over an individual’s liberty, so before another state is allowed to assert jurisdiction over a person, there are certain requirements to ensure that power is exercised properly. As one might suggest, the identity of the suspect must be established. What other documentary requirements must be met? Click on the following link to find out.
A common question many family members of those being held pending an extradition hearing, or if the person being held has waived extradition, is how long the other state has to come and bring the fugitive back? How long does a court have simply to arraign the fugitive on an extradition complaint? What if the fugitive has an identity hearing and the identity is confirmed as correct? For answers to each of these questions, as well as other deadline involving extradition matters, click on the following link.
What exactly is decided or contested at an extradition hearing? Why is there such a thing? Can someone “win” such a hearing and be released? If so, how? For answers to some of these fundamental questions, click on the following link.