Muskogee, OK asked in Criminal Law for California

Q: My cousins in prison in California but has sexual assault case in oregon.will they extradite him? He's to be released 16

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James L. Arrasmith
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Answered

A: In most cases, yes - Oregon can and likely will extradite your cousin once he's released from prison in California. Interstate extradition for serious charges like sexual assault is very common.

The process typically begins when Oregon files detainer paperwork with California authorities before your cousin's release date. This means that instead of being released, he'll be held until Oregon authorities can arrange transport. Oregon has up to 30 days to pick him up once California notifies them of his pending release.

Your cousin should work with his legal team immediately to understand his rights and options. While he has the right to challenge extradition through court proceedings, these challenges rarely succeed unless there's mistaken identity or serious procedural errors. It would be wise for him to begin preparing his defense for the Oregon case now, rather than waiting until after transfer.

You might want to encourage your cousin to contact the public defender's office in Oregon or seek private legal representation there to start building his defense strategy before the transfer occurs.

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