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PERU EXTRADITION · PROCESS · WAIVING · WHAT HAPPENS NEXT

Peruvian courts review US requests - prosecutors count on you not knowing that.

Peru extradition requires treaty compliance and due process. Financial and narcotics cases often involve parallel US investigations. Fight surrender in Lima while building the American defense.

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THE BRIEFING · PERU EXTRADITION

Peru-US extradition is modern treaty practice, not nineteenth-century folklore. The bilateral extradition treaty was signed in 2001 and entered into force in 2003. Critically, Peruvian nationals are extraditable - citizenship alone will not stop surrender under that framework. Supreme Court and Ministry of Justice channels still test dual criminality, documentation, and due process before anyone boards a Marshals flight. Narcotics, laundering, and corruption wrappers dominate many Lima packages aimed at southern and New York districts. Spodek Law Group P.C. fights Lima procedure while preparing the Florida, Texas, or New York case waiting after transport. Call 212 300 5196 for a risk-free consultation - attorney on call, 24/7.

2001 signed, 2003 in force - use the modern treaty text.

Peru and the United States operate under a modern extradition treaty signed in 2001 and in force since 2003. That instrument was designed to fix nationality and dual-criminality problems in older arrangements. If your advisor is still talking like Peru never sends people, get a second opinion. Nationals are extraditable by design. Spodek Law Group P.C. starts from the live treaty text, then maps each US count onto Peruvian criminal law before anyone treats surrender as inevitable. We owe loyalty to only YOU - not prosecutors in Lima and not the US Attorney waiting after arrival.

Nationals are extraditable - kill the passport myth early.

Peru allows extradition of its nationals under the modern treaty framework. Families often import citizenship myths from neighboring systems with different rules. Believing those myths wastes the months you need for Supreme Court practice, dual-criminality briefing, and parallel US defense. We open every Peru case by confirming nationality will not be sold as a silver bullet.

Supreme Court and Justice Ministry procedure still create pressure points.

Peruvian process is not a clerical stamp. Courts and ministry channels review whether the US package meets treaty and domestic standards. Translation defects, identity errors, and mismatched fraud or laundering theories belong in that record. Delay without briefing is just aging into surrender. Delay with coordinated US motions is leverage.

Narcotics, corruption, and financial wrappers from Lima corridors.

US requests from Peru frequently stack narcotics trafficking, public corruption, money laundering, and fraud. Kleptocracy-era narratives create political heat that agencies use to rush packages. Heat is not dual criminality. We force each count through Peruvian analogs while attacking American loss figures, conspiracy breadth, and venue theory. Regardless of how complicated the financial trail looks, we can help you get the outcome you need - on both sides of the border while Corte Suprema review and executive decision stages remain open.

Voluntary statements in Lima travel straight into US exhibits.

Interviews with local police or visiting agents are a favorite shortcut. Anything casual becomes a federal transcript. You need Peruvian counsel for the judicial and ministry fight, and US counsel for the district that issued the warrant. Spodek Law Group P.C. keeps both sides under one strategy. Privilege starts with the first word.

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

How US extradition from Peru actually works.

This is the Peruvian 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 Peru

Federal prosecutors often build drug trafficking and fraud theories in SD Florida, SDNY, and SD Texas before asking Peru to surrender you. That US case does not wait while you fight abroad.

PHASE 02
02.

Red notice, Interpol, or diplomatic contact in Peru

The US circulates notices or contacts Peruvian authorities under the US-Peru Extradition Treaty (1899, 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 Peru

Many requests start with temporary custody at a border, hotel, or workplace. Peruvian 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. Peruvian Supreme Court and Ministry of Justice checks whether the packet satisfies the US-Peru Extradition Treaty (1899, as updated) - dual criminality, specialty, identity, and probable cause under Peruvian law.

PHASE 05
05.

Extradition hearing in Peru

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

PHASE 06
06.

Executive or ministerial surrender decision

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

If surrender is approved or you waived extradition, US Marshals arrange transport. You land in federal custody - often in SD Florida, SDNY, and SD Texas where the drug trafficking 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 Peru, you are not starting from zero.

WAIVING EXTRADITION · PERU

Pros and cons of waiving extradition from Peru.

Peruvian Supreme Court and Ministry of Justice review treaty compliance in Lima. Waiving extradition removes due process challenges in financial and narcotics cases tied to parallel US investigations. 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 Peru is better than waiving.

POSSIBLE PROS · PERUVIAN
  • +May shorten custody when US fraud or drug counsel is prepared in SD Florida
  • +Can coordinate return when Peruvian counsel advises surrender is inevitable
  • +Faster resolution when delay in Peru custody harms your family, business, or health
  • +US trial counsel in SD Florida, SDNY, and SD Texas can be fully in place before you leave Peru
  • +May support a cooperation or sentencing narrative if that is the agreed strategy with US counsel
SERIOUS CONS · PERU
  • You forfeit Peruvian dual criminality review on money laundering theories
  • Voluntary statements in Lima are used in US conspiracy prosecutions
  • You give up Peruvian court challenges at Peruvian Supreme Court and Ministry of Justice - 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 Peru are often used in the US case in SD Florida, SDNY, and SD Texas
DO NOT SIGN PERU WAIVER PAPERWORK YET

What you sign in Peruvian 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 - Peru extradition counsel →
WHAT HAPPENS NEXT · PERU

Three paths from Peru - and what each looks like.

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

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

How we fight US extradition from Peru.

01
2001/2003 treaty framework
Anchor strategy in the in-force modern bilateral text, not antique lists
02
Nationals extraditable
Treat Peruvian citizenship as non-determinative and fight on dual criminality
03
Supreme Court / Ministry review
Preserve identity and document defects in the Peruvian record early
04
Corruption and fraud dual criminality
Force precise matching between US wrappers and Peruvian offenses
05
Narcotics conspiracy dating
Challenge overbroad Title 21 date ranges that invent extraditable spans
06
Specialty after Lima surrender
Contain laundering and firearms add-ons in US court without further process
DEEP DIVE · WE OWE LOYALTY TO ONLY YOU

The 2001/2003 US-Peru extradition treaty in practice.

Signed in 2001 and in force in 2003, the treaty modernized cooperation and confirms that nationality is not a free pass. Dual criminality, specialty, and documentation remain live fights. Treat the in-force date as the start of the modern era for strategy memos.

How Peruvian courts test a US request.

Supreme Court-linked review and Ministry of Justice processing examine whether papers meet treaty standards. Defective translations and stretched dual criminality are openings. Early preservation of those defects matters.

Red notices versus final Peruvian surrender.

A red notice can produce detention while the United States finishes a formal package. It is not a final surrender order. Do not waive rights while waiting for papers.

Risk-free consultation for Peru-US extradition.

We cover nationality rules under the 2001/2003 treaty, Lima procedure, and US charging theory in one conversation. Fees come in writing before you commit. Call 212 300 5196.

Related extradition jurisdictions.

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HOW WE HANDLE YOUR CASE · PERU

What Spodek Law Group P.C. does in your Peru 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 Peru 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 Peru, not the US Attorney’s Office, not anyone building a file against you.”

SPODEK LAW GROUP P.C. · US-PERU EXTRADITION TREATY (1899, AS UPDATED)

Todd A. Spodek
MANAGING PARTNER · PERU EXTRADITION

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

The US-Peru Extradition Treaty (1899, as updated) governs the request. Peruvian Supreme Court and Ministry of Justice reviews dual criminality, specialty, and probable cause before surrender. In parallel, a federal case in SD Florida, SDNY, and SD Texas moves forward unless US counsel intervenes.

Should I waive extradition from Peru? 02

Not without Peruvian 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 SD Florida, SDNY, and SD Texas.

What happens after I am surrendered from Peru? 03

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

Can Peru extradite Peruvian nationals to the United States? 04

Yes. Under the 2001/2003 treaty framework, nationality alone is not a refusal ground. Other defenses - dual criminality, identity, specialty, and process defects - still matter.

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

It was signed in 2001 and entered into force in 2003. Contemporary strategy should cite that framework rather than obsolete historical arrangements.

What charges commonly appear in Peru-to-US requests? 06

Drug trafficking, money laundering, fraud, corruption-related theories, and organized-crime wrappers are frequent. Each count needs its own dual-criminality map.

Who reviews extradition requests in Peru? 07

Peruvian Supreme Court and Ministry of Justice channels play central roles in treaty compliance and due-process review. Exact sequencing should be mapped with local counsel on your docket.

Should I fly to the United States to clear my name? 08

Usually not before counsel assesses leverage. Voluntary return can waive Peruvian review and hand prosecutors the defendant without fighting document defects in Lima.

How does Spodek Law Group P.C. coordinate Peru cases? 09

Local counsel owns Lima hearings. We own the US indictment fight and keep privilege intact across borders. Loyalty runs to only YOU. Call 212 300 5196 - 24/7.

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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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