NEW JERSEY CRIMINAL LAWYERS

NJ DEFENSES FOR DEFEATING EXTRADITION

Defeating Extradition: How to Fight it with Effective Strategies and Options

Extradition is the legal process of transferring individuals from a jurisdiction to another for prosecution, incarceration or both. If you, or someone you know, is facing extradition charges, it is essential to have a skillful attorney on your side who knows how to contest the proceedings. At Todd Spodek Law Group, our team of experienced extradition defense lawyers are ready to challenge these efforts on your behalf. With over three decades of experience defending clients facing these issues all over the country, we have a deep understanding of extradition law and effective defenses that can be utilized to protect your rights.

Defenses against Interstate Extradition

Interstate extradition involves transferring an individual from one state to another and is governed by the Uniform Criminal Extradition Act. Though challenging extradition proceedings can be quite difficult, there are several viable strategies that can be utilized.

Using False or Unreliable Identification Defense

The initial legal proceeding after an arrest where a person is targeted for extradition is known as the identification hearing. This hearing ensures that the person being sought by another state is indeed the same one being aimed at for extradition. If this cannot be established openly and clearly by the other state’s representatives present at the hearing, then extradition will not occur.

A strong defense strategy against possible false identification allegations promotes challenging falsity in identity claims made against you during this procedure. As your attorneys in this matter, we strive to fight for you through various means available under current laws.

Habeas Corpus Violations Defense

Our skilled team of lawyers follow up now by filing a request for habeas corpus after due identification hearings while you have yet been extradited. This motion addresses any legality questions about detention before extraditing relevant persons out of New Jersey wherever they might be found or faced with charges elsewhere within North America’s borders.
Additionally, we shall move for an interim bond release while the inquiry is pending to try and protect your rights as much as possible.

During these proceedings, we aim to explore four significant issues: the validity of extradition documents provided by the other state, whether charges have been formally filed in the alleged fugitive’s jurisdiction, whether they’ve been appropriately identified as required under local laws, and whether there is convincing evidence that entitles such individuals to be regarded as actual fugitives. Through this hearing, we will also negotiate with the prosecutor of the demanding state and seek possible alternatives to extradition. For example, if our lawyers can prove that you were not present in the demanding state at the said time of an alleged crime or offense, then it is highly likely that you may not be considered a “fugitive from justice,” meaning you cannot be extradited under US constitutional provisions governing such transfers.

Probable Cause Challenge

Challenging probable cause is another effective defense strategy against moving interstate transport for extradition purposes. Applying this option comes in handy when the prosecution has not indicted or convicted someone officially pre-extradition hearings. In essence; if there isn’t enough legally acceptable proof that any person committed an offense which meets extradition prerequisites under agreements between states where those charges relate back to past activities globally or across borders; extradition cases might come to a halt through practical objections raised by experienced lawyers located anywhere within NJ.

Defenses against International Extradition

Extraditing individuals from/to America requires legal processes guided by also international treaties besides Federal law provisions. When mutual pacts exist between countries agreeing on certain conditions applicable during conflict resolution within their borders; these contracts must comply with aspects covered therein so they can be legally enforceable against all parties involved. At Todd Spodek Law Group, our group of experienced extradition defense attorneys works comprehensively to protect clients against different aspects of globalized conflict resolution schemes whenever they arise.

Recantation Testimony Defense

Our typical approach involves querying novel legal defenses by summarily dismissing claims of probable cause against clients on pre-extradition hearings while also reviewing other possibilities available. Recantation testimony defense approaches are some of the most potent alternatives to defend against extradition charges. In essence, if statements based on potential witnesses or affidavits are relied upon by prosecutors for maintaining legal transfer jurisdictions’ legitimacy, they should ultimately be supported through other means before formal accusations can take place.

Specialty Doctrine Defense

Our team of lawyers is also fluent in principle procedures required for specialty doctrine conflicts. Such a doctrine requires indicted defendants who have been extradited to receive immunity from any corresponding civil proceedings that may arise internationally in US jurisdictions under applicable law.

Dual Criminality Requirement Defense

When it comes to international extraditions; dual criminality rules govern potential targets’ circumstances at trial venues across borders under different national and regional legislations guiding possible enforcement actions resulting from those past activities concerning international crimes that fall within agreed-upon extradition limits.

Torture Exception Defense

Consequently, whenever there is suspicion that torture might occur once our clients have been extradited, we argue passionately that Human Rights protections must be considered paramount in moving people around planet earth’s transport hubs where effective defenses need protection.

Final Words

Extradition law is an intricate web; however, with experienced counsel by your side, anything is possible! Contact Todd Spodek Law Group today! Our expert attorneys have fought tirelessly for the rights of many clients facing extradition over our 30 years of practice within NJ and other parts of America. Call now at 1888-337-8383 to receive a free consultation and learn more about what we can do for you!