Warrants & holds
Held for Another State: How an Extradition Hold Works
A California bail bond does not open this door. When another state wants someone, the local case is no longer the thing keeping them in.
This is one of the calls where the honest answer is not the one people want. If somebody is being held for another state, a California bail bond on the local charge will not get them out — because the local charge is no longer what is keeping them in.
What is actually happening
A person arrested in California can be held on the basis of a warrant issued by another state. California, like nearly every state, operates under the uniform extradition framework, and the person is held for the demanding state while that process runs. The local charge, if there is one, proceeds separately and may well be bailable — but posting it does not remove the out-of-state hold.
Penal Code 1269b(g) is the same principle at work throughout this site: posting bail discharges a person only as to the offence it was posted on. See holds and multiple cases.
How it differs from the holds people know
| Out-of-county warrant | Another California county. Often carries its own bail amount, and may require transport — see out-of-county warrants. |
| Extradition hold | Another state. A different process; a California bond does not resolve it. |
| Immigration detainer | A federal request. A California bail bond cannot remove it — see immigration holds. |
| Probation or parole hold | Keeps the person in custody regardless of any bond — see probation violation. |
Waiving extradition is a legal decision
People in custody are sometimes asked whether they will waive extradition — agreeing to return without contesting the process. That is a significant decision with real consequences, and it is exactly the kind of decision that should be made with a criminal defence lawyer rather than alone at a counter. See how to get a public defender.
What families can usefully do
- Confirm the hold exists and which state issued it. Ask the facility directly.
- Do not pay a premium expecting a release that the hold prevents. An agent who takes that money without checking is not doing the job.
- Get a lawyer in both places where possible — the local matter and the demanding state’s case are separate problems.
- If the family is out of state, the local case can still be handled remotely — see posting bail from out of state.
Related
Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.
Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will proceed. California bail license 1841014.
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