Attend the first court hearing as a first step in challenging an extradition. Listen to the charges that have been brought against you and the demand made by the state where the alleged crime was committed. Notify the magistrate that you wish to challenge your arrest and the demand to extradite you. Note the date for your extradition hearing, which will be set by the judge and is usually no more than two months from this first hearing.
File a motion to suppress the evidence of improper identification if you believe you have been wrongly identified by a witness. State in the motion why the evidence brought against you is improper and request that the court disregard or suppress this evidence. Present your motion to court during the extradition hearing. If the court grants the motion to suppress evidence and it is found that you have been wrongly identified, the extradition process will be stopped.
Obtain forms from the court clerk to apply for habeas corpus, which is a request to be released on bail if you are imprisoned. Indicate your name, that of your attorney and the place and time of the court hearing you are requesting. Serve the court with the petition and wait to be released on bail. Continue negotiation with the demanding state with the help of your attorney.
Prove that you are not a fugitive of justice by showing all available evidence that indicates you were not in the demanding state when the alleged crime occurred. Gather evidence for example testimonies from the people you were with at the alleged time of the crime or produce flight tickets if you had traveled. This will defeat the ability of the asylum state to transfer you back to the demanding state.
Provide evidence that completely obliterates probable cause by presenting facts showing that the evidence presented against you is unreliable or not substantial. Probable cause is evidence that would lead a reasonable person to believe that a crime was committed. Listen to the prosecution's argument then explain to the court why there is no reason to believe you committed a crime. If the demanding state does not have enough evidence to support its probable cause evidence then the extradition process will stop.
Ask the courts to review the decision to extradite you if you have been tortured during incarceration. Apply the provisions of the Administrative Procedure Act, which prohibits the use of torture during extradition. You may stop the extradition on this basis.