What Crimes Can You Be Extradited For?
June 10, 2024
Extradition is the legal process where an individual accused of a crime will be transferred from the detaining country or state to a different country or state for prosecution where the crime was originally committed. The laws surrounding extradition are complex and can vary from one country to another. Extradition within the United States is a far more simple procedure. If you are facing extradition, either from abroad or within the United States, it is crucial to understand the specific crimes for which you can be extradited and the potential consequences.
At Donet, McMillan & Trontz, P.A., our experienced defense attorneys are dedicated to providing clear and compassionate guidance. While international extraditions are fairly rare, intrastate extraditions are quite common. Generally, international extradition applies to serious offenses such as murder, drug trafficking, fraud, and other major crimes. When dealing with interstate extraditions, the prosecuting authority can extradite a person for any felony prosecution. However, it is within the prosecution authority's discretion to decide whether or not to extradite an individual.
Understanding the Extradition Process
Once a country requests extradition, the legal process begins. It involves gathering evidence, submitting formal extradition requests, and appearing in court hearings. The extradited individual has the right to challenge the extradition through legal avenues, such as demonstrating that the charges do not meet the criteria for extradition. Understanding the intricacies of the extradition process, including legal proceedings and your rights, is crucial in navigating this complex legal procedure. In the next section, we will delve deeper into the key steps involved in the extradition process and provide insights on how to handle potential extradition requests effectively.
Common Crimes Leading to International Extraditions
- Murder and Manslaughter: These are among the most severe crimes and often lead to extradition due to their serious nature.
- Drug Trafficking: Involvement in the illegal drug trade is a major offense that many countries actively seek to prosecute, often resulting in extradition requests.
- Fraud and Embezzlement: Financial crimes, especially those involving large sums of money or significant impact, are common grounds for extradition.
- Terrorism: Acts of terrorism are treated with utmost seriousness globally, leading to stringent extradition policies.
- Sexual Offenses: Crimes such as sexual assault and exploitation are also commonly pursued across borders.
The Extradition Process
The extradition process involves several steps:
- Request: The requesting country submits a formal request for extradition, detailing the charges and evidence.
- Review: The requested country reviews the request to ensure it meets legal standards and respects any treaties in place.
- Hearing: If the request is valid, an extradition hearing is held where the individual can contest the extradition.
- Decision: A final decision is made based on legal criteria and evidence presented.
Interstate Extradition Charges
In general, if a person allegedly commits a crime and then moves out of state before being arrested on the felony warrant, then the individual can be arrested in another state. The county from where the warrant was issued will decide whether to extradite the individual back to Florida to answer the felony charges. Additionally, a person is not subject to extradition unless currently out of state and there is an active felony warrant in the system. At Donet, McMillan & Trontz, P.A., we have represented clients in international and interstate extradition cases. As Miami is a hotspot for international airlines and cruise lines, we have represented dozens of individuals with out of state warrants who were arrested passing through customs at Miami International Airport or the Port of Miami. Miami judges will hold an individual without bond from another state until extradited, which can take between 30 and 90 days. To avoid time in jail, our lawyers at DMT reach out to prosecutors from the charging state for them to agree to a bond. Once the charging state agrees to a bond, bail can be posted and the individual can return immediately to the charging state to defend the case.
What to Do if Facing Extradition Charges
When facing extradition charges, it is essential to act promptly and strategically to protect your rights. The first step is to seek legal advice from our experienced defense attorneys. At Donet, McMillan & Trontz, P.A., we are available 24/7 to help you understand the nature of the charges and evaluate the grounds on which the extradition is sought.
It is crucial to gather evidence to support your case, such as documents proving your innocence or demonstrating that the offense is not ground for extradition. Additionally, cooperating with your attorney to present a strong defense strategy and attending all required court hearings is vital.
Your Rights During Extradition
At Donet, McMillan & Trontz, P.A., we ensure you are fully informed about your rights during the extradition process. You have the right to legal representation, the right to challenge the extradition, and the right to a fair hearing. Our attorneys will work tirelessly to protect your interests, presenting strong defenses and negotiating on your behalf.
Trust DMT Law with Your Extradition Case
Navigating the extradition process requires an in-depth understanding of both domestic and international law. At Donet, McMillan & Trontz, P.A., we balance our authoritative legal expertise with genuine empathy for our clients. We know the ins and outs of the legal system and are committed to protecting your rights and securing the best possible outcome for your case.
When you work with DMT Law, you gain a trusted ally dedicated to providing the support and guidance you need. Our team is not just skilled in legal tactics but is also deeply committed to your well-being. We stand by your side, offering reassurance and confidence during this challenging time.
Contact Us
If you or a loved one faces extradition, don't navigate this complex process alone. Contact Donet, McMillan & Trontz, P.A. today for expert legal assistance. We will provide the authoritative, empathetic, and reassuring support you need to achieve the best possible outcome.
Call us at (305) 444-0030 for more information or to schedule a consultation. Let Donet, McMillan & Trontz, P.A., be your trusted ally in times of trouble.
