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Extradition Issues Lawyers

Extradition is the process that occurs when a state or nation hands an individual to another state or nation for punishment or criminal trial. In the United States, fugitives might be extradited from one state to another. There are state laws and federal laws governing the process. International treaties, on the other hand, vary widely depending on the terms of treaties between the involved nations or groups of nations.

Extradition Between States

The United States federal law is what governs the extradition of an individual between states. The Extradition Clause is outlined in the United States Constitution. It requires that states transfer any fugitives that have either committed or been suspected of committing a crime. These fugitives must be transferred back to whatever state they originally fled from.

For fugitives to be extradited between states, there are a number of steps that must be completed. First, the state claiming jurisdiction over the crime needs to file an official request that the fugitive be extradited. When the state court receives the request, they must go over the paperwork to determine whether the extradition request is valid.

If the request is determined to be valid, then the state court will issue an arrest warrant for the individual in question. Subsequent hearings will be held regarding whether or not the state court should extradite the person.

Some states have individual laws that affect extradition. These laws must not conflict with the federal laws. There are multiple states that have taken part in the Uniform Criminal Extradition Act. This act describes general rules regarding the handling of extradition requests by local courts. The United States Supreme Court has outlined four issues that state courts can debate in order to determine whether they should extradite an individual:

  • Whether the extradition request documents are all in order and valid
  • Whether the individual has received a criminal charge in the state that is requesting the extradition
  • Whether the individual named in extradition request documents is the same individual who received this criminal charge
  • Whether the individual named in extradition request documents qualifies as a fugitive from the state requesting extradition

In most states, there are laws that require the individual to be informed about the extradition request. They must also be informed about the outstanding criminal charge as well as their right to legal representation.

If you’ve been involved in an extradition issue, you should get in contact with an attorney as soon as possible. Your lawyer will be able to help you understand the facts of your case and options moving forward. They will also be able to negotiate with the state court requesting the extradition. You might have to return to the state, but depending on the charges, you might also be able to avoid returning by settling the matter outside of court.

What About International Extradition?

When an extradition is done between countries, that extradition is governed by any existing treaties between the countries. There are a multitude of different treaties. These might outline different crimes that cause a person to be eligible for extradition. All countries involved in extradition treaties tend to have individual laws governing the way they will deal with requests for extradition. The extradition process always starts when one country requests another country to extradite a person.

After the second country receives the request, they must examine their treaty obligations. They must also examine their individual laws regarding extradition. Following this process, they’ll decide whether or not to release the individual in question.

The country making the extradition request will also have to meet procedural requirements. Most countries have requirements that the offense be something that is also a crime under their own laws. In the same vein, most countries also won’t extradite individuals if they have already been found not guilty of the criminal charges in question.

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Brooklyn, NY 11201

Manhattan

85 Broad Street, 30th Floor
New York, NY 10005

Phone

888-977-6335

Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

195 Montague St.
14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335