Extradition Lawyer

Speeding up the extradition process may ultimately benefit the accused. Upon extradition, the accused is very rarely released on bail. Renouncing identity could be wise to speed up the extradition process or because the government`s proof of identity is simply overwhelming based on fingerprints, photos or other identifying information that cannot be realistically questioned. This article focuses on extradition between States and describes the process and possible defensive measures to prevent extradition. There are not many defenses against extradition as long as the process outlined in the U.S. Constitution and federal law has been followed. In the vast majority of cases, the refugee must be extradited to the demanding State. International extradition is the process of handing over an alleged offender from one country to another upon request for prosecution. In most cases, surrender is carried out in accordance with existing treaties between the two countries. Extradition treaties set out the crimes for which the two countries can extradite suspected criminals to each other and the surrender process.

In some cases, however, countries reach agreement on requests for surrender in diplomatic relations if there are no such treaties between the two parties. In any case, if the defendant is physically arrested in one federal district on charges in another federal district, federal extradition proceedings must be initiated. An extradition treaty is a formal agreement between two countries that empowers the governments of both countries to help each other arrest and repatriate persons prosecuted in the other country. An extradition treaty generally sets out the conditions and procedures for issuing an extradition request, as well as any restrictions negotiated by countries. With any extradition request, the government has the burden of proving that the person arrested is indeed the person accused of committing the crime abroad. If the government cannot sufficiently prove their identity, the extradition request is rejected. At Moses and Rooth Attorneys at Law, our extradition attorneys in Florida are only committed to defending those accused of crimes. We use our experience to reassure our clients in all criminal proceedings.

As former prosecutors, we understand the procedures for obtaining an extradition order and use our findings to provide you with simple legal representation and advice. The requirements and guidelines are addressed in the Uniform Criminal Extradition Act (CAUA). However, the UCEA is not mandatory and not all states have adopted it. States that have not passed it have their own extradition laws that are consistent with federal law. For clients threatened with extradition to the United States, our representation includes advice and guidance with the client and his lawyers who assist the client in the fight against extradition from abroad. In some cases, we can help the client arrange an appropriate filing or voluntary surrender by convincing U.S. authorities to cancel the extradition request. Of course, we also help the client fight the underlying criminal charges in the United States if extradition is ultimately successful. We handle all legal aspects of our clients` cases and all matters with U.S. and foreign government agencies. We cooperate with local representations in other countries if necessary and question the government`s case in terms of the case for extradition and criminal charges. We independently investigate all cases we handle and work with other U.S.

and international legal experts as needed. However, some defenses have been upheld by the Supreme Court. These include whether the extradition documents were in good order, whether the defendant has been charged with a crime in the requesting State and whether it is indeed the accused. Being arrested on the basis of a warrant where Florida is trying to extradite can be a long and frustrating process. Whether you have been arrested or you know that there is an arrest warrant against you, we will intervene immediately to determine the strategy of your case. We will explore opportunities to challenge extradition or help secure bail for your release. It is important that you do NOT speak to law enforcement officers, detectives or prosecutors until you have consulted an experienced defence lawyer. Our lawyers have nearly 50 years of combined legal experience, and our firm is recognized nationally as a world-class criminal defense firm. Our lawyers in Atlanta, Georgia handle state, federal, and international criminal defense cases across the country, including cases involving people detained abroad. Call us at (404) 816-5000 to speak to an experienced lawyer. Fleeing from state to state doesn`t always mean a federal defendant escapes punishment if caught.

States and the federal government typically attempt to bring alleged criminals to justice through a process called extradition. Since international extradition is a complex process, you should consult an experienced international extradition lawyer. For more than twenty years, our firm has helped many clients fight extradition to and from the United States. Although we are based in Atlanta, our lawyers have helped people fight extradition in federal courts in the United States and several other countries. An experienced international extradition lawyer can also convince the judge at the extradition hearing that there is no sufficient “probable reason” for the requested person to have actually committed a crime. In general, the government will attempt to establish probable cause by using witness affidavits without the witness having to appear in court. A person who is fighting against an extradition request has the right to present his or her own evidence and may testify at the hearing. In cases where the allegations are unreliable or where there is evidence of alibi, the judges have refused to grant extradition requests and have rejected the complaint and the arrest warrant. Many extradition treaties contain other provisions that restrict extradition in certain cases. In general, extradition processing prohibits extradition if the alleged crime is considered a “political crime” by the government of the requested country. Several countries have also negotiated a clause in their extradition treaties with the United States that restricts extradition to the United States if the person faces the death penalty or extreme conditions of detention that could violate basic human rights.

Based on this provision, some countries have refused to extradite people to the United States unless the U.S. government has guaranteed that the person will not be liable to the death penalty. In some recent cases, European countries have rejected or restricted U.S. extradition requests due to concerns about solitary confinement and other conditions of detention that could violate international human rights standards. Whether you are dealing with extradition from the United States to a foreign country or from a foreign country to the United States, it is absolutely necessary to consult a U.S. attorney for international extradition. Even if you are a foreigner who needs to be extradited to your home country or country of residence, you still need to travel to parts of the U.S. legal system that are too complex to navigate safely. If you or someone you know is currently about to be delivered, give us a call and we`ll let you know if we can help. While extradition traditionally applies to the transfer of an alleged refugee from one country to another, it can also apply between states of the United States. The process of transferring an alleged criminal from one state to another is also known as interstate restitution and is subject to the U.S. Constitution and applicable federal and state laws.

The defence of international extradition requires a particular degree of legal understanding and finesse. The ability to work within extradition treaties, federal legislation, international documentary processes and case law is of paramount importance. All we do is defend. If your future is at stake, call us for the first time. In the United States, you have rights even if you are not a citizen or resident. At Conaway & Strickler, P.C., we make sure your rights are protected and we fight for the interests of our customers in all forums. Extradition is based on international treaties, the laws of both countries and jurisdictions. There are many factors that can affect your defense and many possible objections to extradition. The United States has extradition treaties with many different countries. Almost all of these extradition treaties are based on the legal norm of “dual criminality”. “Dual criminality” means that a person is not extradited from one country to another, unless the crime of which he or she is accused is also a crime in the country where he or she is found. The name of the crime does not necessarily have to be the same, but the alleged conduct in the case must be a criminal violation of the law of both countries.

Almost all extradition contracts also contain a provision that recognizes the doctrine of “speciality”. “Specialty” means that an extradited person cannot be prosecuted for crimes that are not explicitly mentioned in the extradition request. Simply put, the fact that the accused has a viable defense or can be innocent de facto is not a defense against extradition. .