3 Jun 2022


Writs and the Extradition Process

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Academic level: College

Paper type: Case Study

Words: 389

Pages: 1

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Extradition process involves surrendering a fugitive for trial or punishment. The conduction of extradition involves the United States federal government, and the government of the other country, in this case, Arizona, and Mexico. This case is between Hurst and Brook who robbed a bank, one of them used a gun; then both fled the state of California. Brook went to Mexico, while Hurst went to Arizona where he met a new friend. Solana, the new friend, had absolutely no idea about the robbery but was still detained. Both of them are extradited to California to answer the charges. 

The right steps that Orange County prosecutors ought to undertake to extradite Hurst, the fugitive, from Arizona are as follows. First the prosecutor of the County issues a order to the asylum state for the return of Hurst to California. Second, the Orange County prosecutor sends an agent to the state to return Hurst into custody within 30days of his arrest. Third, the agency transports Hurst back to California where he answers to the charges. In California he gets sentenced or incarcerated (Wallin, 2011). 

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The State law requires that it ensures that Brook is the actual person the State is looking for before surrendering him to their agents. To pursue an extradition of Brook from Mexico, the agent should have his address in Mexico. Once they obtain the address, they ask for a Provisional Arrest Warrant (PAW) from the Mexican Authorities. To apply for a PAW, the County Prosecutor needs a certified copy of a capia and indictment, as well as a draft of the extradition details. The County Prosecutor reviews the package is carefully, and with enough evidence, the Mexican Federal Police will arrest Brook (Ramos, 2012). 

Solana is innocent of the crime but because she is a friend of Burst she is arrested. Solana already filed a writ of habeas corpus in Court of law in Arizona to challenge the legality of her imprisonment. The court is likely to release her. This ruling is likely because Solana's law conviction is weak, that is, her relations with the real offender. 

From the above case study, it is clear that the law protects the innocent from illegal imprisonment as the “offender” has the right to file a writ of habeas corpus. Similarly, one cannot run from the law if they commit a crime. Committing a crime in one state and fleeing to another to hide will not prevent the law from stretching its justice arms and arrest the wrong-doer. 


Roberto, J. R. (2012). An update on the pursuit of fugitives who flee into Mexico. The Prosecutor, volume 42(5). Retrieved from http://www.tdcaa.com/journal/update-pursuit-fugitives-who-flee-mexico 

Wallin, P. (2011). Extradition Process in California- Orange County Extradition Attorneys Explain PC 1548.1-1558. Retrieved from https://www.wklaw.com/Extradition-Process-penal-code-1548.1-1558/ 

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StudyBounty. (2023, September 14). Writs and the Extradition Process.


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