International Extradition is the legal process by which a person who is charged with a crime in one Country (that he is not presently in), may be forced to leave the Country he is in and return to the Country where the charges are pending. This type of extradition is guided by procedures established by Federal Statute, International Treaty, and court decisions that have interpreted those statutes and treaties.
It is important to understand several issues regarding international extraditions. You cannot fight the criminal charges lodged against you in another country long-distance, while you remain in the United States. Second, if you are extradited to another country to face criminal charges, the statutes, rules and legal procedures of that other country will apply to the prosecution, not the rights, rules, statutes or criminal procedure of the Unites States. Third, that the procedure by which a person is ordered to be returned to the requesting country is a multiple-step process, involving procedural and factual issues; a judicial determination that you are subject to extradition; and, a decision to approve the extradition by the United States Department of State.
In order to make an informed decision whether to waive extradition or fight it, you must understand how each of the above issues and facts apply to your case. From a lawyer's point of view, this requires an understanding of the federal statutes governing extradition; an understanding of the standards for judicial review of this type of action; and, an understanding of the role of the Department of State in rendering a final decision to actually approve the extradition. These issues are best addressed by an experienced criminal defense lawyer like those at Bailey & Orozco. We have assisted many clients in determining whether to fight or waive extradition, in both the Federal and State Courts.
There are three initial questions that should be examined in an international extradition. Is the person charged with a crime in the Country requesting the extradition; does the complaint actually identify this person as the perpetrator; and, has this person ever been in the country requesting their extradition? If the answers to these initial questions are all yes, then the extradition may be successful; depending upon the resolution of a wide-variety of secondary questions, such as:
- Is there a valid treaty of extradition between the United States and the requesting country?
- Does the treaty list the particular crime as being a charge for which extradition may be requested?
- Has the requesting country submitted an appropriate request for extradition through the United States Department of Justice?
If you are confronted with the prospect of being extradited from the United States to another country, the two most important things to remember are that you have a right to remain silent; and, you have the right to counsel. Do not talk to anyone other then your lawyer about what happened in the other country that led to the charges. Ask for a lawyer if you do not have one. If we can be of assistance, please do not hesitate to call Bailey & Orozco to help you learn what your choices are in regards to international extradition.
