International Extradition Defense Attorney
International extradition is a process by which two countries cooperate to send an individual from one country to the other. Generally, one country requests the assistance of another country in detaining an individual who is facing criminal charges in the first country but is living in the second. The second country can then send the individual back to the first country to face their criminal justice system.
Generally, extradition rules are governed by international extradition treaties which outline the circumstances under which one can be extradited. However, an extradition treaty is not always necessary. The two countries can simply agree to work together on a case by case basis. Typically, this involves taking into account the nature of the crime and any relevant political circumstances at the time.
Fighting an Extradition
An extradition attorney can help individuals who are facing extradition fight the request. The first step to any legal battle is obtaining the paperwork. In international extradition cases, this usually means getting a copy of the relevant extradition treaty.
An experienced extradition lawyer will read through the treaty to make sure that the specific crime being alleged is actually covered by the treaty. Also, an attorney will double check that the country requesting the extradition has complied with all the legal formalities which are required when issuing an extradition request.
Another way to fight an international extradition case is by arguing that there is insufficient probable cause that the individual being extradited actually committed the crime. A person fighting an extradition has the legal right to present their own evidence and testimony. In some cases, judges have refused to go along with extradition requests due to a lack of probable cause, or in cases where there is evidence of an alibi.
Still another way to defend against an international extradition request is to demonstrate that the crime allegedly committed in the requesting country would not have violated any laws in the country where the extradition proceedings are taking place. This is the 'dual criminality' defense which Attorney Dudley has successfully advocated in a major foreign extradition matter before the United States District Court.
Contact an International Extradition Attorney
There are many more ways to fight international extradition. For example, even if you are not successful at the extradition hearing, a lawyer can still petition the U.S. Department of State to refuse the extradition for political or human rights reasons. In some cases, the State Department can at least place conditions on the extradition so that the individual is legally protected in ways in which the other country may not normally protect them.
If you are being extradited, call David M. Dudley today. David is an experienced extradition attorney who is ready to help. Call (800) 805-6167 today for a free case evaluation.