International Litigation Involving Extradition to the U.S.

International Litigation Involving Extradition to the U.S.

If you committed a crime in the U.S. and you are currently living in another country, the U.S. may issue an extradition warrant against you. An extradition warrant could also be issued against you if you committed an international crime. The U.S. has entered extradition agreements with more than 100 countries. These agreements require the countries to turn over suspects to the U.S. on request. If the U.S. has issued an extradition warrant against you, it means you are facing the prospect of a jail term in the United States. You need to have an experienced defense attorney to help you fight off extradition and criminal charges.

The process of extradition to the U.S.

A federal or state prosecutor starts the extradition process; they evaluate the crimes you are accused of to see if the case has sufficient grounds for a criminal trial. If the prosecutor is convinced that the case is worth pursuing, the steps below follow

• The prosecutor sends an extradition request to the Justice Department; the department also evaluates the case.
• If the Justice Department finds that the case has merit, it forwards the extradition request to the State Department.
• The State Department sends the request to the U.S. embassy in the country where the suspect is residing.
• If the country approves the extradition request, the Justice Department brings the suspect to the United States to face charges.

Contesting extradition

Not all extradition requests are approved. In most countries, you can challenge an extradition warrant in court. Considering you are facing the prospect of a prison term in the United States, it is advisable to contest the extradition warrant in your local country. Some of the reasons why countries may refuse to extradite suspect s to the U.S are

• If the offense under consideration is a military or political crime
• Humanitarian needs of the suspect
• If the suspect has already been charged with the crimes in another country
• The country may turn down the request on foreign policy grounds

If your country of residence grants the extradition request, you will face criminal charges under U.S. law. Punishments for criminal offenses in the U.S. include fines, prison term, and house arrest. As an international suspect, the court is likely to impose a fine and/or jail term on you if found guilty; U.S. courts rarely impose house arrest on international offenders.

Defending yourself against criminal charges in the U.S.

The most important step at this stage is finding a good criminal defense lawyer. Again, you will be tried under U.S. law, so you need someone who understands U.S. criminal law and court processes. Below are some tips for choosing a good criminal defense attorney

• Look for an attorney who has experience with the crimes you are accused of
• Look for an attorney you can freely interact with
• Don’t make cost your primary consideration

 

Roy J. Kahn, with years of legal experience in a wide variety of criminal law, heads a “boutique” firm, which means that your attorney is Roy J. Kahn, not a paralegal. If you have been charged or are about to be charged with a crime—or if you have been contacted to be a witness in a federal grand jury case, you need a qualified defense. You should consult with an attorney immediately and know that you have a right to make no statement until you have consulted with an attorney To contact Mr. Kahn, he can be reached at 305-358-7400.