NEW JERSEY CRIMINAL LAWYERS

NJ International Extradition Attorney

The Complex Nature of Extradition Court Proceedings and Defense Strategies

Introduction
Extradition court proceedings can be a thorny affair. They are influenced by intricate international laws, as well as federal bilateral and multilateral treaties. Individuals who find themselves in the United States illegally or facing extradition for other reasons, find it challenging to maneuver through the complex nature of these proceedings. This article seeks to shed light on some of the factors that determine whether an individual will be extradited to or from the U.S., as well as defense strategies lawyers can use to thwart extradition orders.

Factors Influencing Extradition Orders

The conditions surrounding any given treaty, criminal allegations leveled against the person sought for extradition, and arguments presented by both parties – prosecution, versus defendant – will determine whether an extradition order will be granted or not. Apart from bilateral U.S. extradition treaties that stipulate a list of extraditable offenses, recent treaties rely on dual criminality laws which require that ‘fugitives’ should face criminal charges in both countries to warrant a successful extradition process.

In some cases, individuals may face extradition even if they come from countries with no existing extradition treaties with the U.S. However, this is restricted to non-U.S. citizens only.

Hiring an Experienced Extradition Attorney

Given its technical complexity and far-reaching consequences, individuals faced with potential or pending extradition cases cannot afford anything less than excellent legal representation. Spodek Law Group is a renowned nationwide law firm with dedicated attorneys who have handled complex and sensitive international extradition cases over the years.

Our clients know us for our deep understanding of current international laws governing successful opposition of such cases and our capacity to convince judges and prosecutors against granting unwarranted or unconstitutional orders leading to enforced separation from family members.

Prevalent Extradition Defense Strategies

Though each case is unique, common defense strategies tend to recur in both U.S. and international extradition cases.

1. Treaty Exceptions: Most extradition treaties have exceptions for specific circumstances that exclude individuals from being extradited. Some of these include:

– Double jeopardy: If the individual has already been prosecuted on a crime related to the subject matter of an extradition request.
– Foreign crimes: An offense that was committed outside the requesting country cannot be used to initiate extradition proceedings
– Military crimes
– Politically motivated crimes

2. Statutes of Limitations: An individual cannot be subjected to an extradition order if statutory limitations from the requesting court have expired.

3. Lack Of Probable Cause: Before a U.S. court grants extradition orders, there must exist probable cause in the constitution necessitating such action.

4. Doctrine of Specialty: The Doctrine of Specialty dictates that once extradited, an individual can only face charges related to those specified before the handover process.

It is critical that as soon as we get into contact with our clients involved in potential or ongoing extradition proceedings, we immediately start assessing which defense options are viable for them. This information helps us develop a robust, effective defense strategy backed by facts that can influence judges and prosecutors against granting unjustly ordered extraditions.

Note:

In some circumstances where appropriate (e.g., presenting comparative statistics), tables may be necessary.

Conclusion

In conclusion, the complexities surrounding international law and jurisdiction can make the process of fighting extradition a daunting task. However, with proper representation from qualified and experienced attorneys, it is possible to fight extradition successfully. Spodek Law Group has the capacity and experience to handle such intricate cases with sensitivity, empathy and tenacity. Contact us today for a consultation regarding your extradition proceeding.