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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.
Extradition occurs when someone is apprehended in one area, but their criminal case is being tried in a different area or jurisdiction. Federal extradition might occur if you have been charged with a crime in one state and then arrested in a different state. In addition, international extradition occurs when a country sends an alleged criminal back to a different country to be tried.
Extradition treaties exist between many countries. The US has extradition treaties with a variety of governments, as this helps to foster peace. Some countries do not have extradition treaties with the US, so alleged criminals might flee there to avoid being brought back to the US to face trial.
International extradition is a tricky process that involves communication between representatives from both countries. However, it’s easy for the rights of the accused individual to be overlooked. If you believe you might be extradited from another country to the US, you should get in contact with a lawyer as soon as possible. The same is true if you believe that you might be extradited to another country from the US.
In international extradition cases, it is vital that your lawyer have experience with federal extradition processes. They must be an expert in working with international treaties, documents, and laws. A defense lawyer can help to stall the extradition process or halt it entirely. In some cases, they can also make the process go more smoothly for a client, even if they can’t stop it altogether.
The extradition process across states can also be complicated. It’s common for federal cases to involve crimes that were committed in multiple states. If a single crime occurred in multiple different state jurisdictions, it becomes a federal case. Federal crimes might have occurred in multiple different states, but they will only be tried in a single district. Different parts of the US have different regional jurisdictions for their federal courts.
Smaller states and states with small populations often have a single federal district. However, in larger states that have denser population centers, it’s common for there to be several federal districts. California has multiple federal districts, including one centered on Los Angeles and one centered on the Bay Area.
If you flee from your state after you commit a crime, you can be extradited back to that state to face trial. Law enforcement officials will hand you over to the district in which you are being prosecuted.
There are federal laws governing state-to-state extraditions.
State extradition typically occurs when you are arrested in an area that is outside a jurisdiction in which you’re wanted. You might be indicted in a different state but arrested by local law enforcement with no connection to that jurisdiction. You might also be arrested by federal law enforcement who operate outside the jurisdiction you’re wanted in.
Sometimes law enforcement will proactively seek out someone who is wanted at a national level. In other cases, a person might be arrested for a local crime and then identified as someone who is wanted by federal prosecutors. Regardless of how the arrest comes to be, the defendant needs to be returned to the correct federal jurisdiction in order for the case to proceed.
There are some variations on the extradition process between states. The Uniform Criminal Extradition Act has basic guidelines for the process, but these guidelines are not a federal requirement. As such, not all states will follow it. When states have chosen not to follow these guidelines, they have drafted their own guidelines for the process.
It is important for a defendant to understand their rights throughout the extradition process. You will not typically have much recourse to stop the extradition process. The one exception is if you can prove that there is a case of mistaken identity happening. The government does need to prove your identity before you are extradited.
The most common way for identity to be proved is by simply confirming that you are the person in question, and waiving your right to contestation. This can help to make the process faster. It is also the most practical choice when the government has incontrovertible evidence that you are who you say you are.
There have been rare cases in which the government arrests the wrong individual. For example, you might match the name and physical characteristics of a person wanted by federal officers. This is especially common if you have a common name. If you match certain aspects of the profile but aren’t the person the government is looking for, you can contest the proof of identity.
This will result in a hearing in front of a judge. The judge will listen to the evidence and determine whether the government’s arrest has enough credence to extradite you.
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Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."David Bruce
"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."Rowlin Garcia
"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."Francis Anim
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