San Diego Criminal Lawyers Blog
Earlier this week, Immigration and Customs Enforcement (ICE) arrested 112 fugitives on the run from the law across the San Bernardino, Riverside, Los Angeles, Orange, Ventura, and Santa Barbara counties during a special operation that aimed to round up some of what the agency considered the most serious offenders. More than half of those arrested had been convicted of serious and violent offenses such as child sex crimes, weapons violations, and assault. The others had convictions for serious or multiple misdemeanors. The majority of those arrested, including 46 year old Carlos David Martin Ojeda, were also undocumented immigrants being returned back to Mexico.
Ojeda was convicted in 2014 of lewd and lascivious acts on a girl under age 14, but only served two out of the years of his sentence due to the overcrowding of the California prison system. If he does not object to his deportation when he sees an immigration judge, he may be put on a bus from the detention center back to Mexico. If he does object and asks for and is granted bail, Ojeda could remain in the U.S. for three to four more years before his case is resolved.
California’s Extradition Laws
A fugitive can generally be defined as someone who is convicted or accused of a crime and is hiding from law enforcement to avoid arrest. “Extradition” refers to the legal process of returning a fugitive back to the state or country where he or she allegedly committed the crime. See CA Penal Code §§ 1548-1558. There are two types of California extradition:
- Extradition into California refers to a situation when one committed a crime in the state, escaped prison from the state, or violated the terms/conditions of bail, probation, or parole. You must have been apprehended in another state and returned back to California to resolve these issues. Authorities tend to only actively seek those who have left the state after they have weighed the severity of the crime with the resources available. In order to secure one’s extradition back into California, authorities must issue a proper demand to the asylum state for the fugitive’s return, and send an agent after him or her. Once brought back, fugitives will be re-sentenced or re-incarcerated.
- Extradition out of California refers to a situation when one commits a crime outside of California, but is subsequently apprehended in California.
Chula Vista Immigration and Criminal Defense Lawyer
If you have been charged with a crime, it is not a good idea to run from the law. Getting caught will only make things worse. Rather, it is advised you hire a good lawyer who will keep you from being convicted. The Law Offices of David M. Boertje will defend your constitutional rights and freedom from the moment you are arrested to your trial. We take on felony, misdemeanor, and even immigration cases. If you have been arrested for a crime, do not hesitate to contact attorney David Boertje today. First consultations are free and confidential.