The Extradition Law on a Federal Level
International Extradition Process
Extradition is the formal process by which a country or state surrenders a person found in their region to the area of origin for trial or punishment. Extradition can be faced at a state or national/international level and its purpose is to prevent fleeing of criminals to other states/countries to escape punishment. For purposes of this article, we will focus on the extradition law at the federal and international level.
The international process is regulated by treaty and conducted between the foreign country and the United States Federal Government. On some occasions, a treaty isn’t necessary. The U.S. has treaties, some of which are offense specific, with over 100 countries. The process is quite lengthy and complicated in carrying out. Requests for extradition in the U.S. are handled by the State and Justice Departments.
The federal (or state) prosecutor wishing to have someone extradited from a foreign nation has to submit a request through the Department of Justice’s Office of International Affairs. The request then goes to the State Department’s Office of Legal Advisers and is then forwarded to the U.S. diplomatic representatives in the proper country. The request is then presented to the foreign government of that country who decides whether or not to honor the request. If they honor the request, it is their responsibility to take the person into custody and turn him over to U.S. Authorities.
Hiring a Federal Criminal Defense Attorney is going to be your best bet if facing extradition. Extradition will be held in your home country and due to the complicated processes, you want someone who knows the ins and outs of the process and laws to represent you. Having a deep understanding of U.S. laws will allow a Federal Attorney to come up with a solid defense. Seitles & Litwin has the best federal attorneys that always come up with a solid defense.