What is Extradition?

Posted By Okabe & Haushalter || 15-Feb-2016

When a foreign national is the subject a criminal complaint, it is possible that governments will work together to try that individual for their suspected crimes. One of the most common ways this occurs is through extradition. Extradition occurs when one government asks another to apprehend and deliver the suspected individual to the country where the alleged crime took place. Extradition can be a complex process and those who find themselves the target of an extradition request are in urgent need of legal representation.

Extradition from the US

If you are a foreign national or a US citizen who is suspected to have committed crimes overseas, you may find yourself the subject of an extradition order from the US. In these cases, it is critical that that individual's counsel review and negotiate the extradition request with State Department and Department of Justice officials. This may determine whether or not the extradition is fulfilled, the timeline of the process, and what the individual's status will be in the interim before an extradition hearing can be held.

One key factor here is the individual's bond. Just like a criminal case, it is possible for the suspected individual to be held in custody before the extradition hearing. A dedicated Los Angeles international criminal defense attorney, however, may be able to obtain bond for the client and allow them to be free while they await their extradition hearing.

Extradition to the US

If you are an individual who the US wants back in the country to face a criminal charge, it is also crucial to have American representation here in the US to help navigate the process. Your American representation should be working in tandem your own lawyers to either fight the extradition request itself or—if necessary—prepare for any unavoidable legal proceedings here in the US.

Does extradition always work?

Whether or not an extradition is successful relies on many factors. In some cases, a matter can be settled without an extradition, the extradition request is ruled unreasonable, or the two governments may refuse to cooperate.

The success of an extradition relies on:

  • The extradition treaty between the two countries
  • The diplomatic relationship between the two countries
  • The criminal history of the accused individual
  • The overall legal soundness of the extradition request

In order to fight an extradition, counsel can examine the terms of the countries' extradition treaty and even challenge the evidence against the client (including probable cause). Whatever the circumstances, it is important that those named in an extradition request seek skilled and vigilant legal representation here in the US as soon as possible.

If you have been named in an extradition request, then Okabe & Haushalter is ready to assist you. Whether you are being extradited from the US or the US wants you back in this country to face charges, our experienced and aggressive Los Angeles international criminal defense lawyers have the knowledge and resources it takes to ensure that your case is navigated swiftly to the most favorable outcome possible.

We're ready to work with you and ensure that your rights are protected. Contact us today at 310.953.3799 to get started.

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