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.|
|3. Hearing||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.|
|4. Decision||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.|
|5. Appeal||If the extradition request is granted, the individual may have the right to appeal the decision to a higher court.|
|6. Extradition||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.|
|7. 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.
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Our legal team at Collegium of International Lawyers LP has done a great job of getting extradition petitions from nations all around the world refused. We have the expertise and subtlety required to guarantee that our customers receive only the best legal services.
The client’s loved ones are the ones who suffer the most as a result of extradition. Being apart from ones you love is a terrible and heartbreaking experience. Our business, Collegium of International Lawyers LP, has made significant headway in ensuring that such incidents are minimized by thinking outside the box to come up with reasons against extradition petitions.
An extradition treaty defines the circumstances under which extradition between two countries occurs. It includes a list of agreed crimes that each country agrees to extradite. However, extraditions are also possible without a treaty through diplomatic relations.
Generally, there are five principles that countries must follow under a treaty:
An Extradition Law Firm is a specialized legal practice that provides exceptional legal support in international extradition matters. Extradition Law Firms have extensive knowledge of local and international laws and work closely with local and international law enforcement agencies to navigate the complexities of extradition treaties. They assist clients in challenging extradition requests, filing appeals, and seeking provisional release, among other matters related to extradition.
Extradition Law Firms also provide legal advice and representation to individuals and businesses facing Interpol-related legal challenges, cross-border investigations, and international criminal law matters. Their dedicated and experienced legal team is committed to protecting their clients’ rights and interests throughout the legal process, providing top-notch legal guidance and representation.
Whether you are facing an extradition request or seeking legal advice and representation in a complex international legal matter, an Extradition Law Firm can provide exceptional legal support tailored to your needs.
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.
Extradition treaties contain exceptions to any extradition request between the countries. These exceptions protect potential defendants who would otherwise be subject to extradition under normal circumstances.
The doctrine of specialty clearly states that a fugitive, once extradited, will only be prosecuted for the alleged crimes that formed the basis of the extradition request. In some cases, it’s possible to prevent extradition based on evidence of an intent to violate the doctrine of specialty. An attorney should ensure that they do thorough research to defend you.
It’s crucial to remember that the statute of limitations is not common universally. Most countries’ extradition treaties state that an extradition request can’t go through if the statute of limitation for the purported crime has expired in the requesting country.
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.
In order to grant an extradition request, the sending country must ensure that it satisfies the constitution’s probable cause requirement. If the requesting country doesn’t meet the requirement, then the sending country can’t permit the extraction request.
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.
An extradition attorney must carefully and thoroughly check all areas of the extradition request. They should be able to determine if your case merits defense strategies that will be important in your case.
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.