International Extradition Defense Lawyer
When you are charged with a crime in another country, you can be extradited back to that country to face those charges. The process used to force you to return to answer the charges is called International Extradition.
If you are facing extradition proceedings to answer criminal charges in another country, consult with an experienced criminal defense attorney before deciding whether to ‘waive’ or ‘fight’ extradition. Contact Howard Bailey at 973-982-1200 for a free consultation.
Representing a Client Being Extradited to Another Country
These proceedings are held in the US District Court, with the US Attorney arguing for you to be extradited, and the US Department of State having the final decision whether to approve the extradition. You will have two choices, you can waive extradition and go back to face the criminal charges, or you can fight extradition. These proceedings are governed by International Treaty and by Federal Statute, and involve a determination of whether the treaty between the United States and the other country applies to the charges against you. If you are being extradited to the US to face criminal charges, the rights and protections given to all criminal defendants will apply to you.
If you are being extradited from the US to another country, the rules and procedures of that country will apply to your case. In a recent case, Howard Bailey represented a US citizen being extradited to Mexico to face criminal charges. The defense investigation confirmed that the client had been in Mexico at the time of the incident, had met with the victim, that the alleged conduct was a crime covered by the Treaty, and that a proper extradition request had been made through the US Department of State. Once these and other issues had been reviewed, the client elected to waive extradition.
Making an Informed Decision on Whether to Fight or Waive Extradition
Unfortunately, you cannot fight the criminal charges without returning to the country where the charges are filed. Before you are extradited, you will need to decide whether it is in your best interest to waive extradition and agree to return to the country requesting your extradition, or to fight the process.
To make an informed decision, you need to understand the procedural steps involved in an international extradition, such as the standard of review a court will apply to the treaty, to the facts alleged to support you being identified as the person who committed the crime, and to whether you have evidence that meets the criteria to actually dispute the factual basis supporting the extradition request. These and other issues must be evaluated before you make any decision about how to proceed, and should be discussed in detail with a knowledgeable criminal defense attorney.
Contact Howard Bailey at 973-982-1200 for a free consultation to discuss your options.