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FRANCE EXTRADITION · PROCESS · WAIVING · WHAT HAPPENS NEXT

French extradition law still requires proof - not diplomatic pressure alone.

France will not extradite its nationals in many cases and applies strict review of US charging documents. We build political offense, specialty, and overcharging defenses from New York.

FRANCE PROCESS WAIVE OR FIGHT WHAT HAPPENS NEXT FEDERAL DEFENSE →

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THE BRIEFING · FRANCE EXTRADITION

France treats extradition of French nationals as a hard constitutional bar - nationality at the time of the offense controls, not a discretionary waiver. Non-nationals face the Chambre de l'instruction, then a gouvernement decree, with Conseil d'Etat review in the background. Strategy should cite the 1996 and 2002 treaty instruments, not obsolete 1909 folklore. Death-penalty and ordre public limits still shape fraud and terrorism-related packages aimed at SDNY. Spodek Law Group P.C. kills passport myths on day one. Risk-free consultation. Call 212 300 5196 - attorney on call, 24/7.

French nationals - nationality at offense time is a hard stop.

France does not extradite its nationals to the United States. The bar turns on nationality when the conduct occurred, not on later passport games. Families import softer Latin rules and lose months. For citizens, domestic channels may be the only live fight. Fix offense dating and citizenship records before anyone markets France as cooperative on surrender.

Chambre de l'instruction then gouvernement decree.

Investigating chambers at the cour d'appel examine legality, dual criminality, and human-rights compatibility. Executive surrender follows by governmental decree. Legal sufficiency belongs in the judicial instruction record. Diplomatic assurances and ordre public concerns belong in the executive file. Argue defects to the wrong chamber and you waste the structured French filters that still exist for non-nationals.

1996 and 2002 treaty text - leave 1909 slogans behind.

Modern France-US extradition runs through treaties concluded in 1996 and 2002, not nineteenth-century list nostalgia. Dual-criminality formulas, documentation standards, and specialty rules in those instruments frame contemporary fights. Advisors still citing 1909 are briefing the wrong century. Spodek Law Group P.C. anchors strategy in the live bilateral text and French Code of Criminal Procedure practice - so families stop wasting months on museum law while Chambre de l'instruction deadlines keep moving.

Death penalty and ordre public - assurances are not decorative.

Capital exposure triggers death-penalty assurances and ordre public review. France will not treat American charging labels as self-executing surrender tickets. Overbroad terrorism or murder wrappers intensify assurance and public-order fights for non-nationals. We force US counts into discrete French offense boxes before anyone assumes a governmental decree is inevitable. Unlike firms that soft-pedal bad facts, we tell you what assurance fights actually require.

Fraud and terrorism-related theories for non-nationals.

US packages from Paris corridors often stack wire fraud, market manipulation, and terrorism-adjacent conspiracy theories against non-French targets. Political-offense boundaries and dual criminality remain live even when headlines scream security. Agents push voluntary return through CDG. Statements become US exhibits. Spodek Law Group P.C. coordinates French counsel and US trial defense before waiver erases instruction leverage.

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

How US extradition from France actually works.

This is the French 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 France

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

PHASE 02
02.

Red notice, Interpol, or diplomatic contact in France

The US circulates notices or contacts French authorities under the US-France Extradition Treaty (1909, as amended). 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 France

Many requests start with temporary custody at a border, hotel, or workplace. French 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. French Court of Cassation and Chambre de l'instruction checks whether the packet satisfies the US-France Extradition Treaty (1909, as amended) - dual criminality, specialty, identity, and probable cause under French law.

PHASE 05
05.

Extradition hearing in France

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

PHASE 06
06.

Executive or ministerial surrender decision

Even after a court orders committal, France 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 France to the United States

If surrender is approved or you waived extradition, US Marshals arrange transport. You land in federal custody - often in SDNY, EDNY, and SD Florida 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 France, you are not starting from zero.

WAIVING EXTRADITION · FRANCE

Pros and cons of waiving extradition from France.

France will not extradite French nationals in many circumstances and applies strict Chambre de l'instruction review. Waiving or agreeing to simplified extradition removes political offense and specialty arguments that often delay US fraud and tax cases. 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 France is better than waiving.

POSSIBLE PROS · FRENCH
  • +May be considered when you are not a French national and US counsel confirms a controlled return helps sentencing
  • +Can reduce time in French pretrial detention when trial preparation in SDNY is complete
  • +Faster resolution when delay in France custody harms your family, business, or health
  • +US trial counsel in SDNY, EDNY, and SD Florida can be fully in place before you leave France
  • +May support a cooperation or sentencing narrative if that is the agreed strategy with US counsel
SERIOUS CONS · FRANCE
  • You give up French review of overbroad US charging documents and human rights objections
  • US prosecutors may treat waiver as cooperation without guaranteeing a better deal
  • You give up French court challenges at French Court of Cassation and Chambre de l'instruction - 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 France are often used in the US case in SDNY, EDNY, and SD Florida
DO NOT SIGN FRANCE WAIVER PAPERWORK YET

What you sign in French 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 - France extradition counsel →
WHAT HAPPENS NEXT · FRANCE

Three paths from France - and what each looks like.

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

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

How we fight US extradition from France.

01
French nationality hard bar
Fix citizenship as of offense dates - nationals are not surrendered to America
02
Chambre de l'instruction review
Litigate dual criminality and identity in the judicial instruction record
03
Gouvernement decree surrender
Preserve ordre public and assurance issues for the executive decree stage
04
1996/2002 treaty framework
Brief from modern bilateral text instead of obsolete 1909 list folklore
05
Death and ordre public assurances
Force workable assurance language when capital exposure sits in US charges
06
Fraud and terror dual criminality
Map non-national packages onto French offenses with political-offense care
DEEP DIVE · WE OWE LOYALTY TO ONLY YOU

Why French nationality at offense time ends most US requests.

France refuses extradition of French nationals as a hard bar keyed to nationality when the conduct occurred. Citizenship comfort for French passport holders is real - but only with correct offense dating.

Chambre de l'instruction and governmental decree stages.

Judicial instruction review precedes executive surrender by decree. Legal defects and assurance issues require separate records. Early preservation matters.

1996/2002 treaties versus obsolete 1909 references.

Contemporary France-US extradition should cite the 1996 and 2002 instruments. List-treaty folklore from 1909 misleads families and wastes strategy time.

Risk-free consultation for France-US extradition.

We explain nationality bars, instruction review, ordre public, and your US charges in plain language. Call 212 300 5196 - attorney on call, 24/7.

Related extradition jurisdictions.

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HOW WE HANDLE YOUR CASE · FRANCE

What Spodek Law Group P.C. does in your France 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 France 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 →
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“We owe loyalty to only you - not prosecutors in France, not the US Attorney’s Office, not anyone building a file against you.”

SPODEK LAW GROUP P.C. · US-FRANCE EXTRADITION TREATY (1909, AS AMENDED)

Todd A. Spodek
MANAGING PARTNER · FRANCE EXTRADITION

You’ve seen Inventing Anna. Bring that preparation to France 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 France 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 France to the US work? 01

The US-France Extradition Treaty (1909, as amended) governs the request. French Court of Cassation and Chambre de l'instruction reviews dual criminality, specialty, and probable cause before surrender. In parallel, a federal case in SDNY, EDNY, and SD Florida moves forward unless US counsel intervenes.

Should I waive extradition from France? 02

Not without French 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, EDNY, and SD Florida.

What happens after I am surrendered from France? 03

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

Can France extradite French nationals to the United States? 04

No. France maintains a hard bar on extraditing French nationals, measured by nationality at the time of the offense. That is not a discretionary refusal ground - it is structural for citizens.

Who decides US extradition in France? 05

The Chambre de l'instruction reviews legal aspects first. Surrender then proceeds by governmental decree, with Conseil d'Etat avenues available in appropriate cases. Non-nationals must fight both tracks.

Which treaty governs modern France-US extradition? 06

The 1996 and 2002 bilateral instruments frame contemporary practice. Strategy citing only the old 1909 arrangement is outdated for living cases.

How do death penalty and ordre public affect French surrender? 07

Capital exposure requires assurances and engages ordre public review. Charge framing and assurance drafting can determine whether a decree is legally available for non-nationals.

What happens on a first call with Spodek Law Group P.C.? 08

You get a risk-free consultation about nationality timing, instruction review, and US exposure. We owe loyalty to only YOU. Call 212 300 5196 - 24/7.

Do I need French and US counsel together? 09

Yes for serious non-national cases. French lawyers fight instruction and decree stages. US lawyers fight the indictment waiting after surrender. We coordinate both.

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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)
INTERNATIONAL EXTRADITION HUB →
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