Can a Lawyer Help with Extradition?

Extradition is the process in which one country or state that has possession of a criminal suspect hands him or her over to another country or state. A lawyer may be able to help with this process by fighting extradition or by helping to facilitate it, according to the suspect’s wishes and the governing law.

International Extradition

Treaties between nations primarily govern international extradition. The treaties may provide specific details about the procedural and substantive manners. The terms of one treaty between two countries may be different than the treaty formed between one of the two countries and a third country. Treaties may set out procedural guidelines that must be followed. Additionally, they may specify the requirements that would make someone eligible for extradition.

For example, some countries may refuse to allow extradition of a suspect of a crime that would not be considered a crime in that country. Similarly, they may refuse extradition of a person who is accused of certain political crimes. They may also refuse to extradite someone who has been found not guilty of the crime. Countries may also refuse extradition if the requesting country is one known for torturing prisoners or one that uses the death penalty if the home country does not. However, the requesting country may still be able to obtain extradition if it offers assurances that torture or the death penalty will not be part of the suspect’s punishment.

The process commences by the applicable country making a request for the individual. The country that receives the country reviews the relevant treaties, as well as its specific laws on extradition. It makes a decision as to whether to surrender the individual who has been requested. If there is no extradition treaty between the requesting country and the country that has possession of the individual in question, the country with possession may refuse extradition.

Extradition between States

Both the federal law of the United States and state law govern extradition between the states. The United States Constitution requires that any fugitive who flees a state and is found in another state shall be sent to the state that has jurisdiction of the crime if the executive authority of that state requests his or her presence in the state.

Before one state hands a fugitive over to another state, certain procedural rules must be followed. The state that wants the fugitive returned makes a request through the court. If the court finds that the extradition request is complete and valid, it issues a warrant for the arrest of the fugitive. There may be several hearings to determine whether the state should be able to extradite the fugitive. As long as state laws do not conflict with the federal law, there may be additional state laws that can impact extradition.

Additionally, the United States Supreme Court has established parameters regarding the assessment of whether to extradite a criminal. State courts can consider whether the proper documents are in order, whether the individual has been charged with a crime in the state that is requesting extradition, whether the individual being requested is the person who has been charged with the crime and if the suspect is a fugitive of the requesting state. State law may dictate that a suspect must pursue a writ of habeas corpus in order to contest extradition.

Challenging Extradition
A lawyer may help with a case that may potentially involve extradition. If the United States is requesting extradition, it has treaties with more than 100 nations. Additionally, it can extradite individuals who have committed crimes against United States nationals who are abroad without a treaty. A suspect who does not want to be extradited may request a hearing. During such a hearing, evidence may be presented to show the underlying crime for which the suspect is being requested.

Some extradition treaties require that the suspect be tried for the crime for which the extradition request was granted. A lawyer may help bring forth the necessary motions if the individual’s rights under a treaty are being violated.

A lawyer can review the treaty in question, as well as any other laws that apply to the case to determine reasons to challenge extradition. For example, he or she may challenge extradition on the basis that the crime in question is not a crime that the current jurisdiction recognizes or because the country in possession of the suspect does not use the death penalty.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.