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SPAIN EXTRADITION · PROCESS · WAIVING · WHAT HAPPENS NEXT

Spain extradition hearings are where European rights meet US indictments.

Spain applies EU human rights standards and dual criminality review. Financial and cyber cases need Madrid counsel and US trial strategy working together.

SPAIN PROCESS WAIVE OR FIGHT WHAT HAPPENS NEXT FEDERAL DEFENSE →

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THE BRIEFING · SPAIN EXTRADITION

Spanish extradition to the United States moves through the Audiencia Nacional and a governmental surrender decision under the 1970 treaty, later supplements, and US-EU practice - with dual-criminality modernization around 1996 sharpening contemporary fights. Spain is not France: nationality is not an absolute bar, though citizens can still raise distinct arguments. ECHR Article 3 blocks death and extreme LWOP exposure when assurances fail. Fraud, narcotics, and cyber packages into SDNY and SDFL remain common. Spodek Law Group P.C. maps nationality posture without recycling Paris myths. Risk-free consultation. Call 212 300 5196.

Audiencia Nacional first - government surrender second.

Spain sequences judicial review at the Audiencia Nacional before executive surrender. Legal sufficiency, dual criminality, identity, and human-rights compatibility belong in the national court record. Assurances and proportionality belong in the governmental track. Argue the wrong defects to the wrong body and you burn leverage while Madrid custody tightens. We coordinate Spanish counsel and US federal defense so both stages get a real brief, not recycled embassy talking points.

1970 treaty, supplements, and 1996 dual-criminality modernization.

The 1970 bilateral framework, later supplements, and US-EU overlays frame modern practice. Dual-criminality modernization around 1996 helps some contemporary US theories travel - and still demands Spanish analogs. Advisors citing only antique list lore miss the live instruments. Spodek Law Group P.C. anchors briefs in the updated bilateral relationship and Spanish criminal procedure so strategy time is not burned on the wrong decade.

Nationality is not a French-style wall - but citizens are not helpless.

Spain does not apply France's hard nationality bar. Spanish citizens can still be extradited when treaty conditions are met. Citizenship may support distinct arguments in specific fact patterns, but it is not automatic immunity. Families importing French passport comfort into Madrid files waste strategy time. Fight on dual criminality, Article 3, and document defects instead.

Death, LWOP, and Article 3 assurance fights.

Capital exposure and irreducible life-without-parole risk trigger ECHR Article 3 review and assurance negotiations. Assurances are not ornamental embassy language. Overbroad murder, narcotics-kingpin, or terrorism wrappers can reopen human-rights fights after papers looked finished. We force US charging into workable assurance boxes before governmental surrender looms. Loyalty to only YOU means we prepare that fight early.

Fraud, narcotics, and cyber stacks from Barcelona and Madrid.

US requests from Spain commonly stack wire fraud, Title 21 conspiracies, and computer-intrusion theories. Conspiracy glue stretches Iberian logistics into New York venue stories. Spanish courts still test offense matching line by line. Agents push voluntary return through Barajas. You need Spanish counsel for Audiencia Nacional practice and US counsel for the district waiting after wheels-down.

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

How US extradition from Spain actually works.

This is the Spanish 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 Spain

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

PHASE 02
02.

Red notice, Interpol, or diplomatic contact in Spain

The US circulates notices or contacts Spanish authorities under the US-Spain Extradition Treaty (1970). 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 Spain

Many requests start with temporary custody at a border, hotel, or workplace. Spanish 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. Spanish Audiencia Nacional and Supreme Court checks whether the packet satisfies the US-Spain Extradition Treaty (1970) - dual criminality, specialty, identity, and probable cause under Spanish law.

PHASE 05
05.

Extradition hearing in Spain

This is the main fight abroad. Spanish 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 Spain law.

PHASE 06
06.

Executive or ministerial surrender decision

Even after a court orders committal, Spain 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 Spain 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 Spain, you are not starting from zero.

WAIVING EXTRADITION · SPAIN

Pros and cons of waiving extradition from Spain.

Spanish Audiencia Nacional applies EU human rights and dual criminality review in Madrid. Waiving extradition on fraud or cyber cases skips European protections. 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 Spain is better than waiving.

POSSIBLE PROS · SPANISH
  • +May shorten Audiencia Nacional proceedings when US counsel in SDNY is prepared
  • +Can align return with negotiated financial crime resolution
  • +Faster resolution when delay in Spain custody harms your family, business, or health
  • +US trial counsel in SDNY, EDNY, and SD Florida can be fully in place before you leave Spain
  • +May support a cooperation or sentencing narrative if that is the agreed strategy with US counsel
SERIOUS CONS · SPAIN
  • You lose Spanish human rights and dual criminality challenges
  • EU proportionality arguments against US cyber indictments are waived
  • You give up Spanish court challenges at Spanish Audiencia Nacional and 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 Spain are often used in the US case in SDNY, EDNY, and SD Florida
DO NOT SIGN SPAIN WAIVER PAPERWORK YET

What you sign in Spanish 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 - Spain extradition counsel →
WHAT HAPPENS NEXT · SPAIN

Three paths from Spain - and what each looks like.

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

IF YOU FIGHT IN SPAIN
  1. 01Spanish counsel files challenges at Spanish Audiencia Nacional and Supreme Court and requests bail where Spain law allows
  2. 02Committal hearings are scheduled - often weeks or months apart depending on Spain 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 Spain
  5. 05If extradition is denied or stayed, prepare for a refiled US request or travel restrictions
IF YOU WAIVE FROM SPAIN
  1. 01Surrender is scheduled - sometimes within days of signing waiver paperwork
  2. 02US Marshals transport you from Spain 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 SPAIN, NOT IN CUSTODY
  1. 01Retain counsel before police, consular officers, or US agents contact you in Spain
  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 - Spanish cooperation with the US can move fast
  5. 05Call 212 300 5196 - privilege starts from the first word, answered 24/7
Map your Spain case - free consultation REVIEW WAIVER PROS & CONS →
Red notice or arrest in Spain? Stop talking. Call before you sign waiver paperwork.
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CHARGE LEDGER · SPAIN

How we fight US extradition from Spain.

01
Audiencia Nacional judicial review
Challenge dual criminality, identity, and specialty in the national court record
02
Government surrender stage
Preserve assurance and proportionality issues for executive decision-makers
03
1970 supplements US-EU framework
Brief from live bilateral instruments including 1996 dual-criminality modernization
04
Non-French nationality posture
Drop Paris-style passport myths and fight on treaty and human-rights tools
05
Article 3 death LWOP assurances
Force workable assurance language when capital or LWOP exposure is present
06
Fraud narcotics cyber dual criminality
Map each US count onto Spanish offenses before surrender talk
DEEP DIVE · WE OWE LOYALTY TO ONLY YOU

Audiencia Nacional review in Spain-US extradition.

The national court tests legality before governmental surrender. Document defects and dual criminality belong in that judicial record early.

1970 treaty and 1996 dual-criminality updates.

Modern Spain-US extradition should cite the 1970 framework, supplements, and later dual-criminality modernization - not obsolete list folklore alone.

Article 3 death and LWOP limits in Spanish surrender.

Human-rights review can block surrender when capital or irreducible LWOP exposure is real. Assurance drafting and charge framing are central.

Risk-free consultation for Spain-US extradition.

We explain Audiencia Nacional stages, nationality posture, assurances, and your US charges. Call 212 300 5196 - 24/7.

Related extradition jurisdictions.

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HOW WE HANDLE YOUR CASE · SPAIN

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

SPODEK LAW GROUP P.C. · US-SPAIN EXTRADITION TREATY (1970)

Todd A. Spodek
MANAGING PARTNER · SPAIN EXTRADITION

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

The US-Spain Extradition Treaty (1970) governs the request. Spanish Audiencia Nacional and Supreme Court 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 Spain? 02

Not without Spanish 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 Spain? 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.

Who decides US extradition from Spain? 04

The Audiencia Nacional reviews legal sufficiency first. The government then decides surrender. Strategy must speak to both judicial and executive stages.

Can Spain refuse extradition because I am a Spanish national? 05

Not through a France-style absolute bar. Spanish citizens can be extradited when treaty conditions are met, though distinct nationality arguments may arise in specific cases.

What treaties govern modern Spain-US extradition? 06

The 1970 bilateral treaty, later supplements, and US-EU practice frame contemporary cases, with dual-criminality modernization around 1996 sharpening offense matching.

How does ECHR Article 3 affect Spanish extradition? 07

Article 3 can block surrender when death penalty or irreducible life-without-parole exposure is real. Assurances and US charge framing become contested territory.

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

You get a risk-free consultation about Audiencia Nacional review, assurances, and US exposure. We owe loyalty to only YOU. Call 212 300 5196.

Should I consent to extradition from Spain to move faster? 09

Usually not without counsel assessing judicial and governmental leverage. Consent often accelerates transport before US defense work exists.

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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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