Monder Law Group - News
San Diego Fitness Model Cross-Country Robberies Extradition
David Byres, a famous male fitness model from Solana Beach, California has allegedly committed multiple cross country robberies. Most of these alleged robberies took place in Greenwich, Connecticut. However, there is also alleged bank robberies, pursuits, and grand theft auto charges in California, New York, Pennsylvania, and Arizona. Byres was arrested by the FBI in the North Park area of San Diego on May 2nd. He has appeared in the Superior Court of San Diego where he pleaded not guilty to the grand theft of an exercise rowing machine. Byres bail was set to at $35,000, however, he remains in jail and is facing extradition back to Connecticut.
With Byers committing a series of crimes in Connecticut and then being apprehended in California means he will have to be extradited back to that state to face his charges. The extradition process can be very tricky because each state is considered its own jurisdiction. We will look at the extradition process that David Byres will be going through in depth and what he and the other states in involved will have to do in order to have him back in their own jurisdiction.
The term “extradition” refers to one state or nation transporting custody of an individual to another state or nation. The person facing expedition is usually referred to as a “fugitive from justice.” Reasons people may be facing expedition is because they allegedly escaped imprisonment, committed a crime, or violated the terms or conditions of their bail, probation, or parole. There are two types of fugitives: those who are being charged with a crime, who have escaped imprisonment, or who have violated their bail, probation or parole and who have purposely fled the state in which that alleged crime/violation took place in order to avoid punishment or capture, and those who have travelled or moved unaware that they have done anything wrong or are wanted for criminal proceedings. These individuals may not even become aware of this fact until, for example, they are pulled over for speeding, and the officer runs a check and subsequently arrests them pursuant to a warrant. In regard to Byres, the reason he is facing extradition is that he allegedly committed a crime, which refers to the robberies and the stolen cars. Moreover, it can be inferred that he was aware of these crimes because it is not like it was unpaid citation and he then moved unaware of his an unpaid debt. The State where the person is arrested or taken into custody is commonly known as the Asylum, in this case, that would be California. In addition, the state or nation asking for the individuals return is known as the demanding or home state, in this case that would be Connecticut.
It seems as if there would be a clash of state laws in determining on how to go about the extradition process because each state, in essence, can make its own guidelines and laws on certain processes. However, extradition is laid out on the Federal level in order to have some uniformity.
Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured, and notify the executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. If no such agent appears within thirty days from the time of the arrest, the prisoner may be discharged.
8 U.S. Code § 3182. This U.S. Code lays out for us what the states have to do to in order to complete the extradition process. Here, it essentially requires California to hold Byres as long as Connecticut has issued a demand for him.
In addition to the Federal laws, there is the Uniformed Criminal Extradition Act (UCEA). The UCEA is a little more common, and has been adopted by most states. The UCEA primary purpose is to regulate the process of interstate extradition. Much like the Federal Rules, the UCEA establishes clear steps that each state must follow whether they are the demanding state or the asylum state when they are involved in an interstate extradition. However, it should be noted that the Federal law does predominate state law, states may have their own laws affecting extradition, as long as those laws do not conflict with federal law.
Because David Byres has been obtained in California we will look at their extradition process which pretty much mirrors the UCEA. In order to be extradited from California, the state must receive a proper demand from the home state, and also have issued a California Governor’s warrant, and conducting a probable cause/identification hearing to ensure that you are not being falsely accused or improperly subject to extradition. UCEA.
A proper demand from a home state basically would inform California that the person they are demanding committed a crime, escaped from jail or violated the terms of their agreed upon bail, probation, or parole. For the Byres situation, Connecticut would have to send California a demand stating that Byres is charged with multiple robberies in their state. Because he allegedly committed a crime that is all that the demanding state must show, violating terms and escaping jail is not needed and not applicable to Byres.
The next step would be the Governor’s warrant. When the home state executes a proper demand, the California Governor must sign a California arrest warrant. This warrant authorizes law enforcement to arrest you at any time/place where you are found, and deliver you to an agent of the demanding state. California Penal Code 1549.3. For Byres to be sent to the home state, Connecticut, Governor Jerry Brown must sign this warrant in order for his arrest to take place.
However, there is some initial discretion left to law enforcement. If there is a situation where there is not a warrant for one’s arrest it does not mean officers have no grounds to obtain the individual. The law states that,
The arrest of a person may also be lawfully made for extradition from California by any peace officer, without a warrant, upon reasonable information that the accused stands charged in the courts of any other state with a crime punishable by death or imprisonment for a term exceeding one year, or that the person has been convicted of a crime punishable in the state of conviction by imprisonment for a term exceeding one year and thereafter escaped from confinement or violated the terms of his or her bail, probation or parole. When so arrested, the accused shall be taken before a magistrate with all practicable speed and complaint shall be made against him or her under oath setting forth the ground for the arrest.
California Penal Code 1551.1. This directly relates to Byres because he was arrested by the FBI. Because the FBI had knowledge of Byres alleged crimes they were able to act even in the absence of the governor’s warrant, and the fact they act as Federal Officers and not the usual state peace officers. There is a condition that they must get the arrested in front of a Judge as speedy as possible to hear whether the arrest is allowed and that the expedition is punishable by death or a year or longer in prison. Because Byres has multiple robberies worth a substantial amount of money he would have meant all of these requirements.
The last part of this process there is the extradition hearing. If the one is arrested on the Governor,s warrant, it is not a given that they will be handed over to the demanding state. In some states, like California, if one decides to fight the extradition they can. The court will look to probable cause and the person’s identification. The extradition hearing will look into the case, and decide whether one can be sent to the demanding state. The main thing that will be inspected is probable cause and identification. Probable cause is just one of the things the court will look at while determining whether the extradition should be granted. Probable cause is defined as, a reasonable belief that you are or were involved in criminal activity. Some states have a different time period that this must take place within, however, most have a rule stating that this hearing must take place within ten days of your arrest. If the Judge finds probable cause to believe the arrested person is the same person specified in the conditional order and the order for return, the judge must remand the person to custody without bail and direct the delivery of that person to agents of the other state. However, the district attorney may stipulate, with the concurrence of the other state, to the release of the person on bail or own recognizance pending the arrival of duly accredited agents from the other state. Here, it would seem as if it is pretty simple to establish probable cause for Byres because there are witness testimony and surveillance of him committing the alleged crimes. In addition, the FBI had been chasing him in five different states. One can elect to have an attorney at these hearings. These hearings main purpose is to make sure there has not been a mistake made. For example, two people share the same name and the wrong one was arrested.
Byres could waive his right and agree to be extradited to Connecticut if he chooses to. This could be applicable if he wanted to speed up the process and get to the state and face the charges. If Byres opted for this there would not be a Governor’s Warrant needed or a hearing. California Penal Code 1555.1.
There is also another wrinkle for Byres. It is alleged that he stole a car while in California. Because this is present the California can hold Byres and not extradite him to Connecticut. “If a criminal prosecution has been instituted against a person charged under Section 1551 under the laws of this state regarding extradition from California and is still pending, the Governor, with the consent of the Attorney General, may surrender the person on demand of the executive authority of another state or hold him or her until he or she has been tried and discharged or convicted and served his or her sentence in this state.” California Penal Code 1553.1. Here, if Byres is charged with stealing the car California can sentence him and once he finishes his sentence then extradite him to the Connecticut, the demanding state. Therefore, it is possible that Byres spends some time in California.
Thus, Byres may be facing the extradition process for crimes he allegedly committed across the United States.
If you have questions about the criminal procedure process in San Diego, feel free to contact San Diego Criminal Lawyer Vik Monder at 619-405-0063 or visit San Diego Criminal Attorney