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CHILE EXTRADITION · PROCESS · WAIVING · WHAT HAPPENS NEXT

Chilean courts apply treaty law - US prosecutors count on you not having a lawyer yet.

Chile extradition requires judicial approval and treaty compliance. White collar and tax cases draw US attention. Attack charging documents before surrender is ordered.

CHILE PROCESS WAIVE OR FIGHT WHAT HAPPENS NEXT FEDERAL DEFENSE →

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THE BRIEFING · CHILE EXTRADITION

Chile's modern US extradition chapter is the treaty signed in 2013 and brought into force around 2016 - replacing antique assumptions with contemporary dual-criminality practice. Nationality is not a refusal ground under that modern posture. The Corte Suprema sits at the center of judicial approval before surrender, and paperwork defects still matter there. White-collar, tax, and cyber packages aimed at SDNY or California often underestimate how seriously Chilean judges still read the papers. Spodek Law Group P.C. coordinates Santiago counsel and US trial defense from day one so consent does not erase leverage. Risk-free consultation. Call 212 300 5196 - attorney on call, 24/7.

2013 treaty, ~2016 in force - update every outdated memo.

Chile and the United States modernized extradition in a treaty signed in 2013 and in force around 2016, replacing early 1900s arrangements. Nationality refusal ended. Dual criminality broadened. If your file still contains talking points from the old era, trash them. Spodek Law Group P.C. briefs from the live treaty and Corte Suprema-centered Chilean procedure, then builds US federal defense in parallel. Loyalty to only YOU - not recycled internet summaries from the wrong decade.

No nationality refusal - Chilean citizenship is not a shield.

Under the modern Chile-US treaty, Chilean citizenship is not a refusal ground. Families still hear citizenship myths and delay hiring counsel. Other defenses remain - dual criminality, specialty, death-penalty conditions, documentary defects - but nationality comfort is not one of them. We say that plainly on day one so strategy focuses on what Chilean courts and US charging actually allow. Unlike mills that tell clients what they want to hear, we tell you what the treaty does.

Corte Suprema approval is the hinge - treat it like trial prep.

Chilean Supreme Court judicial approval is required before surrender. That is not a rubber stamp for US Affidavits. Translation quality, offense matching, and proportionality themes can move outcomes. Many firms treat Santiago as a layover. We treat Corte Suprema practice as a merits fight that also shapes later US specialty limits.

Tax, fraud, and cyber theories need Chilean analogs.

US packages aimed at Chile increasingly include tax fraud, wire fraud, cyber-enabled schemes, and financial conspiracies. Modern dual criminality helps some of those theories travel - and still requires precise Chilean analogs. Overbroad computer-fraud wrappers and inflated loss numbers belong in cross-examination of the package, not in passive acceptance. We fight that mapping in Chile while preparing the American trial file so arrival in a US district is not day one of your real defense.

Waiving Corte Suprema review hands prosecutors the clean arrival they want.

Consent shortens pain and deletes leverage. White-collar defendants especially feel pressure to appear cooperative before they have suppression themes or negotiation posture. Todd Spodek and our team prepare the American case while Chilean remedies remain live - without inventing victories, and without mills that push volume waivers. Ask us anything on a risk-free first call.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS RISK-FREE. Skip reading - just call →
THE PROCESS · CHILE

How US extradition from Chile actually works.

This is the Chilean sequence - not a generic overview. Regardless of how complicated your case is, understanding where you are in these eight phases helps you avoid signing away defenses before counsel arrives.

PHASE 01
01.

US indictment or charging decision targeting Chile

Federal prosecutors often build fraud and tax crimes theories in SDNY, SD Florida, and CD California before asking Chile to surrender you. That US case does not wait while you fight abroad.

PHASE 02
02.

Red notice, Interpol, or diplomatic contact in Chile

The US circulates notices or contacts Chilean authorities under the US-Chile Extradition Treaty (1902, as updated). A red notice is not surrender - but it can trigger arrest, travel blocks, or bank freezes while the formal request is prepared.

PHASE 03
03.

Provisional arrest in Chile

Many requests start with temporary custody at a border, hotel, or workplace. Chilean police read local rights - not US Miranda. This is when waiver paperwork and voluntary return offers appear.

PHASE 04
04.

Formal US extradition request filed

The United States submits charging documents through diplomatic channels. Chilean Supreme Court checks whether the packet satisfies the US-Chile Extradition Treaty (1902, as updated) - dual criminality, specialty, identity, and probable cause under Chilean law.

PHASE 05
05.

Extradition hearing in Chile

This is the main fight abroad. Chilean counsel challenges the US request while our US team attacks the indictment in SDNY, SD Florida, and CD California. Hearings can take months. Bail rules depend on Chile law.

PHASE 06
06.

Executive or ministerial surrender decision

Even after a court orders committal, Chile may require final executive or ministerial approval. Human rights, specialty, and diplomatic pressure can still matter - unless you waived those challenges.

PHASE 07
07.

Transport from Chile to the United States

If surrender is approved or you waived extradition, US Marshals arrange transport. You land in federal custody - often in SDNY, SD Florida, and CD California where the fraud case was filed.

PHASE 08
08.

US arraignment and federal case

Detention hearing, discovery, motions, plea talks, or trial. Our only objective is dismissed or significantly diminished. If US counsel worked before transport from Chile, you are not starting from zero.

WAIVING EXTRADITION · CHILE

Pros and cons of waiving extradition from Chile.

Chilean Supreme Court judicial approval is required before surrender on tax and fraud cases. Waiving extradition removes that approval process. Unlike other law firms more focused on their relationship with prosecutors, we owe loyalty to only YOU - and we will tell you when fighting in Chile is better than waiving.

POSSIBLE PROS · CHILEAN
  • +May help when US tax or fraud counsel has negotiated posture in SDNY
  • +Can reduce Supreme Court review delays when surrender is probable
  • +Faster resolution when delay in Chile custody harms your family, business, or health
  • +US trial counsel in SDNY, SD Florida, and CD California can be fully in place before you leave Chile
  • +May support a cooperation or sentencing narrative if that is the agreed strategy with US counsel
SERIOUS CONS · CHILE
  • You forfeit Chilean judicial challenges to US charging documents
  • White collar waivers often precede damaging US proffer sessions
  • You give up Chilean court challenges at Chilean Supreme Court - dual criminality, specialty, and human rights
  • Agents and prosecutors may treat waiver as weakness - not a guaranteed better deal
  • Statements before or during waiver in Chile are often used in the US case in SDNY, SD Florida, and CD California
DO NOT SIGN CHILE WAIVER PAPERWORK YET

What you sign in Chilean custody or a consular interview can lock in surrender and produce statements the US uses at trial. You can ask us anything in a risk-free consultation before you agree to anything.

212 300 5196 - Chile extradition counsel →
WHAT HAPPENS NEXT · CHILE

Three paths from Chile - and what each looks like.

Your next step depends on whether you are in custody in Chile, considering a waiver, or still free. The US case does not pause on any path.

IF YOU FIGHT IN CHILE
  1. 01Chilean counsel files challenges at Chilean Supreme Court and requests bail where Chile law allows
  2. 02Committal hearings are scheduled - often weeks or months apart depending on Chile procedure
  3. 03US team builds parallel motions and discovery demands in SDNY, SD Florida, and CD California on the fraud case
  4. 04If a court orders surrender, executive or ministerial review and appeals may still follow in Chile
  5. 05If extradition is denied or stayed, prepare for a refiled US request or travel restrictions
IF YOU WAIVE FROM CHILE
  1. 01Surrender is scheduled - sometimes within days of signing waiver paperwork
  2. 02US Marshals transport you from Chile to federal custody in SDNY, SD Florida, and CD California
  3. 03Arraignment, detention hearing, and discovery deadlines hit quickly
  4. 04US motions should already be drafted - waiver does not pause the fraud prosecution
  5. 05Sentencing exposure depends on the US case - waiver alone rarely fixes it
IF YOU ARE STILL IN CHILE, NOT IN CUSTODY
  1. 01Retain counsel before police, consular officers, or US agents contact you in Chile
  2. 02Map red notices, border risk, and whether a US request is already in progress
  3. 03US counsel reviews indictment exposure in SDNY, SD Florida, and CD California before surrender is sought
  4. 04Do not travel assuming the case will wait - Chilean cooperation with the US can move fast
  5. 05Call 212 300 5196 - privilege starts from the first word, answered 24/7
Map your Chile case - free consultation REVIEW WAIVER PROS & CONS →
Red notice or arrest in Chile? Stop talking. Call before you sign waiver paperwork.
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CHARGE LEDGER · CHILE

How we fight US extradition from Chile.

01
2013/~2016 modern treaty
Anchor briefs in the in-force instrument, not early-1900s folklore
02
Nationality non-refusal
Eliminate citizenship myths and fight dual criminality instead
03
Corte Suprema judicial approval
Build a full merits record on documents, identity, and offense matching
04
Tax and fraud analogs
Force US fiscal and wire theories onto Chilean criminal statutes
05
Cyber dual criminality
Challenge access and intrusion wrappers that lack clean Chilean counterparts
06
White-collar consent traps
Refuse cooperative surrender scripts until US posture and specialty limits are set
DEEP DIVE · WE OWE LOYALTY TO ONLY YOU

The 2013/~2016 US-Chile extradition treaty in practice.

Signed in 2013 and in force around 2016, the modern treaty resets strategy away from antique instruments. Nationality non-refusal and contemporary documentation rules are core. Cite the modern text in every serious memo.

Why Corte Suprema approval still decides Chilean surrenders.

Judicial approval by the Supreme Court is the hinge of surrender. Defective dual criminality and document problems belong there. Embassy urgency does not replace that hearing culture.

Tax and white-collar dual criminality from Santiago.

US tax and fraud theories must map onto Chilean offenses. Creative charging that works in American grand juries can fail Chilean judicial matching.

Risk-free consultation for Chile-US extradition.

We walk through 2013/2016 treaty rules, Corte Suprema process, and US venue exposure. Fees in writing before you commit. Call 212 300 5196 - 24/7.

Related extradition jurisdictions.

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HOW WE HANDLE YOUR CASE · CHILE

What Spodek Law Group P.C. does in your Chile extradition.

01 · TODAY
Risk-free consultation

Call 212 300 5196 or submit the form. A person answers - not a service. Day or night. Map red notices, local arrest, or US contact. Privilege starts from the first word - answered within 24 hours, guaranteed.

02 · DAYS 1-7
Local counsel + US strategy

Retain or coordinate Chile counsel for surrender hearings. Our US team reviews the indictment, target letter, or draft charges. Stop voluntary statements and waivers before they harden into surrender.

03 · WEEKS 2-12
Treaty and evidentiary fight

Challenge dual criminality, specialty, probable cause, and human rights. Parallel US motions and plea discussions when strategically sound. We prepare every file for trial even when we are negotiating.

04 · SURRENDER OR RESOLUTION
Trial-ready either way

If extradition is denied or stayed, protect against refiled requests. If you return to the US, trial preparation is already underway - not starting at the airport. You choose the path; we have prepared for every outcome.

Start with the risk-free consultation 212 300 5196 →
PRESS LEDGER

In the news.

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JUL 2026MPB News · Hinds County jail - Todd Spodek: gang motive doesn’t explain how an attack was allowed in custody MAY 2026OK Magazine · Britney Spears DUI - Todd Spodek on first-time DUI outcomes and damage control JUN 2026OK Magazine · Diddy - Todd Spodek on what prosecutor “under review” really means 2022Netflix · Inventing Anna - Todd Spodek’s defense dramatized as #1 most watched series PRESSNew York Post · CNN · Fox News - Featured analyst on federal and state criminal cases 2025Not guilty on all counts - Trial verdict, Joseph Alter lead counsel
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“We owe loyalty to only you - not prosecutors in Chile, not the US Attorney’s Office, not anyone building a file against you.”

SPODEK LAW GROUP P.C. · US-CHILE EXTRADITION TREATY (1902, AS UPDATED)

Todd A. Spodek
MANAGING PARTNER · CHILE EXTRADITION

You’ve seen Inventing Anna. Bring that preparation to Chile extradition.

Todd Spodek is managing partner at Spodek Law Group P.C. The firm handles international extradition defense the same way it handles high-stakes federal trial work - local counsel abroad, US strategy at home, and loyalty only to you. Client identities in active extradition matters stay confidential.

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SECOND OPINION · RISK FREE

Already have a lawyer abroad? Get a risk-free second opinion.

If your extradition case feels stalled, you are being pushed to waive, or your US defense is not talking to foreign counsel - talk to us before the next hearing. You can ask us anything you want.

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FAQ

Questions about Chile extradition - ask us anything.

When you reach out to our law firm, you start with an initial risk-free consultation. You can ask us anything you want - regardless of how long it takes.

How does extradition from Chile to the US work? 01

The US-Chile Extradition Treaty (1902, as updated) governs the request. Chilean Supreme Court reviews dual criminality, specialty, and probable cause before surrender. In parallel, a federal case in SDNY, SD Florida, and CD California moves forward unless US counsel intervenes.

Should I waive extradition from Chile? 02

Not without Chilean and US counsel reviewing your facts. Waiver can speed return when US defense is ready and surrender is likely. It can also destroy treaty challenges and produce statements used in SDNY, SD Florida, and CD California.

What happens after I am surrendered from Chile? 03

You are transported to federal custody, arraigned, and face detention and discovery in SDNY, SD Florida, and CD California. If US lawyers were retained early, strategy is already underway. If you waived first, you may arrive with no plan.

Can Chile refuse extradition because I am a Chilean national? 04

No under the modern treaty posture. Nationality alone is not a refusal ground. Dual criminality, identity, rights issues, and Corte Suprema review remain the live defenses.

When did the modern US-Chile extradition treaty take effect? 05

It was signed in 2013 and entered into force around 2016. Contemporary cases should be briefed under that instrument, not older historical arrangements.

Who must approve extradition from Chile? 06

The Corte Suprema provides central judicial approval before surrender. Treat that review as a merits battlefield, not a formality.

Are tax and cyber cases extraditable from Chile? 07

They can be when dual criminality and treaty standards are met. Exact matching to Chilean offenses is often the fight - especially on creative US wrappers.

Should I consent to extradition to look cooperative in a white-collar case? 08

Usually not without counsel weighing Corte Suprema leverage against US negotiation reality. Cooperation theater often precedes damaging proffers.

How does Spodek Law Group P.C. work Chile cases? 09

Santiago counsel owns Supreme Court practice. We own the US indictment and keep privilege intact. Loyalty to only YOU. Call 212 300 5196.

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INTERNATIONAL COVERAGE · 32 COUNTRIES

Country-specific extradition defense.

Our attorneys handle cases nationwide and coordinate counsel abroad. Regardless of how complicated your case is, we can help you get the outcome you need.

Mexico
US-Mexico Extradition Treaty (1978)
Canada
US-Canada Extradition Treaty (1971)
United Kingdom
US-UK Extradition Treaty (2003)
Germany
US-Germany Extradition Treaty (1978)
France
US-France Extradition Treaty (1909, as amended)
Italy
US-Italy Extradition Treaty (1984)
South Korea
US-South Korea Extradition Treaty (1999)
Philippines
US-Philippines Extradition Treaty (1979)
India
US-India Extradition Treaty (1997)
Israel
US-Israel Extradition Treaty (1962)
Greece
US-Greece Extradition Treaty (1931, as amended)
Colombia
US-Colombia Extradition Treaty (1979)
Ecuador
US-Ecuador Extradition Treaty (1872, as updated)
Peru
US-Peru Extradition Treaty (1899, as updated)
Poland
US-Poland Extradition Treaty (1929, as updated)
Dominican Republic
US-Dominican Republic Extradition Treaty (1909, as updated)
Guatemala
US-Guatemala Extradition Treaty (1903, as updated)
Honduras
US-Honduras Extradition Treaty (1912, as updated)
El Salvador
US-El Salvador Extradition Treaty (1911, as updated)
Brazil
US-Brazil Extradition Treaty (1961)
Argentina
US-Argentina Extradition Treaty (1997)
Chile
US-Chile Extradition Treaty (1902, as updated)
Spain
US-Spain Extradition Treaty (1970)
Netherlands
US-Netherlands Extradition Treaty (1904, as updated)
Switzerland
US-Switzerland Extradition Treaty (1997)
Turkey
US-Turkey Extradition Treaty (1979)
Romania
US-Romania Extradition Treaty (1924, as updated)
Lithuania
US-Lithuania Extradition Treaty (1924, as updated)
Albania
US-Albania Extradition Treaty (1933, as updated)
Bosnia and Herzegovina
US-Bosnia Extradition Treaty (1902, as updated)
Croatia
US-Croatia Extradition Treaty (1902, as updated)
Serbia
US-Serbia Extradition Treaty (1902, as updated)
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