Extradition to and from the United States

International extradition process ensures that countries assist one another with exchanging persons wanted for various crimes on their territory. Countries do this in compliance with their mutual international extradition treaty provisions and principles of human rights, while the government has to fully prove the crimes charged – this is where an extradition lawyer comes in. Extradition request is not a final decision and a defendant is still allowed to present evidence, explanation and alibi. International extradition request can be negotiated with  the Department of Justice and the State Department. A skilled international extradition attorney can help those who are wrongly accused and need legal defense, those who are willing to arrange a voluntary surrender without any extradition request, as well as those whose hearing was decided not in their favor and who are looking for appeal or legal protection.

Extradition is subject to certain rules and principles:

• Countries must enter into an Extradition Treaty
• Extradition should not violate the principles of human rights
• Any crimes should be fully proven, the suspect should be fully proven guilty, and the suspect’s identity should be fully proven
• A crime should be considered a criminal offense in both countries (the principle of Dual Criminality)
• Upon extradition, a person can be prosecuted only for the crimes listed in the extradition request (Specialty Doctrine)

Extradition can be subject to certain limitations based on the provisions of each specific Treaty:

• Some treaties limit extradition for political offenses
• Some treaties limit extradition to the United States if the sentence for a person’s crime is death penalty or severe imprisonment conditions that may contradict human rights
• Some countries agree to hand over a person only if the United States guarantee that a death penalty won’t be applied

A professional extradition attorney can help:

• Establish that the criminal charges are covered by the applicable extradition treaty and that all legal formalities are followed;
• Establish if the government has fully proven the guilt of the person, their involvement in the charged crime and also their identity;
• Represent the defendant in court, should he or she present evidence or alibi and plead not guilty, assist international investigation and reach a “not guilty” verdict;
• Negotiate extradition conditions with governmental officials;
• Ask for an extradition bond, so that the person is released for the time of the hearing;
• Collaborate with foreign lawyers if they represent the person in another country;
• Appeal a decision on a criminal offense or an extradition decision after the hearing before the State Department in order to petition its cancellation or at least obtain some limitations and extra legal protection.

Contact us today to request your personalized case evaluation.