Extradition is a complex legal process that can have life-altering consequences. It involves transferring a person from one country to another to face criminal charges or serve a sentence for crimes committed. The process is highly regulated by treaties, international laws, and domestic legal systems. This is why anyone facing extradition proceedings should seek the support of an experienced criminal defense attorney well-versed in extradition law.
What is Extradition?
Extradition is a legal mechanism designed to ensure that individuals accused or convicted of crimes in one country can face prosecution or serve a sentence even if they are not currently located in the country that brought the criminal charges. This process often hinges on treaties negotiated between nations that spell out the types of crimes that are extraditable, as well as any exceptions or safeguards.
While extradition treaties typically cover serious crimes—such as violent offenses, drug trafficking, organized crime, and white-collar crimes—they often contain specific provisions that could protect the individual. For example, many treaties include the principle of dual criminality, meaning the alleged crime must be considered illegal in both countries. Furthermore, political crimes and situations where a person may face torture or unfair treatment are often exempt from extradition.
The Extradition Process in the U.S.
In the United States, extradition is governed by a combination federal law, state laws and the U.S. Constitution. With over 100 extradition treaties in place, the U.S. maintains strong legal ties with many countries that facilitates the extradition of individuals accused of serious offenses. However, not all countries are part of these treaties. Countries like China, Russia, Iran, North Korea and Vietnam do not have extradition treaties with the U.S.. Cuba does not always comply with extradition requests.
One important thing to note is that the absence of an extradition treaty does not guarantee immunity. Diplomatic relations and informal agreements can still result in extradition taking place.
Crimes That Warrant Extradition
The crimes that warrant extradition are typically serious and carry harsh penalties. Some of the most common offenses include:
Violent Crimes: Murder, manslaughter, and kidnapping
Crimes Against Property: Burglary, theft, and fraud
Drug-Related Offenses: Drug trafficking and production
White-Collar Crimes: Money laundering, bribery, and embezzlement
Crimes Against the Government: Terrorism and espionage
These offenses often require both countries involved in the extradition process to have aligned legal standards.
Why You Need an Extradition Defense Attorney
Facing extradition is a daunting situation that requires more than general legal advice. Extradition cases involve multiple layers of legal complexity, spanning international treaties, foreign laws, and procedural safeguards. Here are some reasons why you need an experienced extradition defense attorney:
International and domestic extradition Laws intersect in complex ways: Extradition law is not just about understanding U.S. law; it also involves understanding how U.S. law intersects with international laws in the country involved. An experienced attorney will provide guidance that takes all the relevant local and US factors into account.
Treaty exceptions affect extradition: Many treaties contain specific exceptions, such as protections for political crimes or against inhumane treatment. An attorney with expertise in extradition can analyze whether any exceptions apply to your case, potentially preventing your extradition.
If you are extradited you could face severe punishment and even torture: If you are at risk of extradition to a country with harsh criminal penalties, such as the death penalty or torture, a criminal defense attorney can fight to block the extradition or secure guarantees for humane treatment.
Appealing Extradition Decisions: Extradition cases often allow for legal appeals. With the right representation, you may be able to challenge the extradition request based on procedural flaws, insufficient evidence, or risks to your rights in the destination country.
If you or someone you know is facing extradition, it is crucial to enlist the help of an experienced criminal defense attorney who is experienced in the area of extradition law. Whether you are facing accusations of white-collar offenses, property offenses, violent crime or even political allegations, the stakes of extradition are high. Being extradited could mean being handed over to a foreign foreign justice system where the consequences of being brought to justice could be life-altering. At Dhar Law, LLP, our experienced extradition defense team specializes in providing criminal defense for complex criminal charges, including white collar criminal charges, federal charges, and criminal proceedings and charges that have a multi-jurisdictional or international element. We provide translation services in all major languages and specialize in serving an international and culturally diverse client profile. Please contact us at 617-880-6155 to learn more about our high-level criminal defense services.
