Extradition court proceedings are quite complex. This is because it comprises of both international laws, together with federal bilateral and multilateral treaties.
Federal criminal prosecutors are always after individuals who are in the country illegally or sought for extradition for other reasons.
Dealing with extradition cases is not a walk in the park. It requires someone with a deep understanding of extradition laws and with the ability to convince judges and prosecutors that the extradition order is not permissible under the current circumstance.
Working with experienced international extradition lawyers
Spodek Law Group is a renowned law firm with a countrywide presence. Our lawyers have worked with some of the most complex extradition cases in the country. We understand how it feels when sometimes you are about to be separated from your family because of extradition.
If you or your loved one is facing extradition from the United States of another country, one of the important things to do is to hire a qualified and experienced attorney to handle your case.
Under what circumstance can a person be extradited from or to the United States?
The basis of extradition to or from the U.S. is usually determined by the terms or conditions of a particular treaty from which the extradition is being applied.
The criminal allegations leveled against the person sought for extradition will determine if the subject will be extradited or not.
The other thing that will probably determine whether the extradition order will be granted is the type of defense presented both by the prosecution side and that of the defendant.
Although some bilateral U.S. extradition treaties comprise of a list of extraditable offenses, recent treaties utilize what is known as dual criminality.
The treaty states that a fugitive person may be liable for extradition if he or she has committed an act that can attract criminal charges in both countries.
The United States Department of Justice has a list of all the countries that have signed extradition treaties with the U.S. In case you are in a country that has an extradition treaty with the United States and you have a pending extradition case, our lawyers can help you out.
We will carry out a proper assessment of the extradition case and determine your chances of not being extradited under various extradition laws.
In some cases, the United State government can extradite individuals to countries that don’t have any extradition treaties with it. But this is restricted to the extradition of individuals who aren’t citizens of the U.S.
Extradition defense strategies
For criminal allegations concerning the country’s requesting extradition for an individual or individuals, there are several potential defenses specific to that particular extradition process.
As soon as you contact our office, our lawyers will get down to work to find out which defense options are available to you.
The information we get will be crucial in helping our team to develop a strong and effective defense strategy. After that, we will start engaging the law enforcement agencies involved in your extradition case.
Although each extradition case is unique, there are some common defense strategies in both the United States and international extradition cases. They include the following:
1. Treaty exceptions
All extradition treaties have exceptions depending on the country the fugitive belongs to. Some of these exceptions can be used as a leeway to protect an individual from being extradited.
Below are some of the common exceptions in U.S. extradition treaties:
• Double jeopardy: U.S extradition does not allow extradition if it is established that extraditing an individual will lead to double jeopardy for a crime that the person has already been prosecuted for.
• Foreign crimes: U.S. treaties also prohibit extradition where the crime was committed outside the requesting country
• Military crimes
• Politically-motivated crimes
2. Statute of limitations
According to the U.S. Extradition treaties, a person cannot be extradited if the statutes of limitations from the requesting country has expired.
3. Lack of probable cause
Before an extradition order is granted, The U.S court must establish the “probable cause” in the constitution
4. Doctrine of specialty
Under this doctrine, an extradited person can only be charged for the crimes leveled against him or her if that is the same crime that triggered the extradition process.
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