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Extradition lawyers can help you fight the extradition process or help facilitate it according to the fugitive’s wishes and the law’s wishes. Sovereign countries don’t have any duties under international law to surrender a wanted person within their jurisdiction. However, bilateral extradition treaties between countries determine the extradition procedures, available defenses, and the scope of the extraditable crimes.
Extradition is a formal process of a country surrendering a wanted person to another country for prosecution or trial for crimes committed in the requesting country.
|1. Request for Extradition
|A foreign country makes a formal request for the extradition of an individual who is accused or convicted of a crime. This request is typically made through diplomatic channels or via an extradition treaty between the countries.
|2. Arrest and Detention
|If the individual is located in the country where the extradition request was made, they may be arrested and detained pending the outcome of the extradition proceedings.
|The individual is brought before a court to determine whether they are eligible for extradition. The court will consider factors such as whether the alleged crime is a crime in both countries, whether there is sufficient evidence to support the extradition request, and whether the individual would face a fair trial in the requesting country.
|The court will make a decision about whether to grant the extradition request. If the request is granted, the individual may be extradited to the requesting country to stand trial or serve their sentence. If the request is denied, the individual may be released from detention.
|If the extradition request is granted, the individual may have the right to appeal the decision to a higher court.
|If the extradition request is granted and all legal avenues for appeal have been exhausted, the individual will be extradited to the requesting country to face trial or serve their sentence.
|If the individual is convicted in the requesting country, they will serve their sentence according to the laws of that country. Once their sentence is completed, they may be returned to their home country.
The specific steps and requirements for extradition may vary depending on the countries involved and the terms of any relevant extradition treaties.
We may summarize our services in each capacity as follows:
Our legal team at Collegium of International Lawyers LP successfully prevents extradition petitions globally, providing clients with expert and nuanced legal services.
The extradition process is hardest on the family and loved ones of the client, as separation can be distressing and painful. Our firm, Collegium of International Lawyers LP, focuses on innovative strategies to counter extradition requests, aiming to reduce such difficult separations.
An extradition treaty outlines the conditions for extradition between two countries, including a list of crimes for which extradition is agreed upon. Extraditions can also occur without a treaty, facilitated by diplomatic relations.
Generally, there are five principles that countries must follow under a treaty:
An Extradition Law Firm offers specialized legal support in international extradition, leveraging deep knowledge of both local and international laws. We collaborate with law enforcement agencies to manage extradition treaty intricacies, help clients contest extradition requests, file appeals, and secure provisional release. Our law firm also advise and represent individuals and businesses in Interpol-related challenges, cross-border investigations, and international criminal law. We’re experienced legal team, prioritizes clients’ rights and interests, ensuring comprehensive legal guidance and representation for those facing extradition or complex international legal issues.
A few reasons lead to the extradition of a fugitive:
Several factors influence extradition, even when two countries have an existing treaty. These include;
Here are a few alternatives to extradition that countries practice.
Defense strategies for extradition proceedings can include:
Extradition treaties often have specific exceptions. If the situation falls under one of these exceptions, extradition may be prevented.
This doctrine ensures a person is only tried for crimes listed in the extradition request. Evidence suggesting an intent to violate this doctrine can be used to block extradition.
Extradition requests are invalid if the statute of limitations for the alleged crime has expired in the requesting country.
The sending country must verify the request meets the probable cause requirement. If not, extradition cannot be permitted.
Failure to satisfy any procedural requirements necessary for extradition can provide a partial or complete defense. Any extradition lawyer needs to carefully check all aspects of an extradition request to determine if this is a plausible defense.
Nations can prevent extradition in cases where a delay in seeking extradition affects the sixth amendment right to a fast trial. If there’s evidence that the requesting county hasn’t actively pursued steps necessary to extradite them, this defense is available.
When facing extradition, you want an attorney with experience in international human rights who knows their way around the judicial system. While looking for an extradition lawyer, ensure they provide you with their past success cases in that field.
All you discuss with your lawyer needs to stay between you and the. Breach of information can hurt your case and is also unethical for the lawyer. Attorney-client privilege is, therefore, very crucial.
An attorney passionate about human rights will use aggressiveness at the right time, thus resulting in a better outcome for you.
Extradition involves a lot of research and time. Your attorney needs to research every aspect of extradition that benefits you.
The extradition process varies depending on the circumstances of the case and the nations involved. Hence it’s important to have a legal strategy in both the requesting and sending countries that attorneys consult.