Extradition is the legal process by which a state hands a criminal suspect over to another state. Lawyers may be able to assist in the process by opposing or aiding in the extradition order, according to a suspect’s wishes and state law. Click here to learn about the extradition process and its state and international variants.
International extraditions are typically governed by treaties between countries. These treaties may offer details on the substantive and procedural aspects of the extradition process. Treaty terms often vary, and their procedural guidelines must be precisely followed. For instance, a country may bar the extradition of a suspect whose act isn’t considered illegal in that country. However, the country requesting the extradition may still be able to get it in certain cases. The process starts when the requesting country asks that the individual be handed over. If there’s no treaty between the requesting and the sending country, the latter may refuse to extradite the suspect.
U.S. and state laws govern interstate extraditions. The Constitution requires any fugitive fleeing to another state be sent to the jurisdictional state if that state’s authorities request the person’s presence. Before the state hands over a fugitive, certain rules must be adhered to. The requesting state must go through the court, and that court will approve the request and issue an arrest warrant if the extradition is valid. The Supreme Court has set parameters on the extradition of criminals, and state courts can make various considerations when approving an extradition.
Challenging an Extradition
A criminal attorney in Carmel, NY, can assist a client in a case involving extradition. If the U.S. government is the requesting body, treaties exist with over 100 countries. The government can also extradite those who commit crimes against U.S. citizens in other countries that lack treaties. Suspects who want to fight an extradition can request a hearing through an attorney, and evidence may be shown to document the underlying crime. Certain extradition treaties require that a suspect must be tried for the same crime as listed in the extradition request. A criminal attorney in Carmel, NY, can help clients bring the proper motions if the individual feels that their rights under the treaty have been violated. Attorneys can review treaties and other applicable laws to find a way to challenge an extradition, and they can keep clients in awareness of their legal rights.
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