Skip to Content

Understanding Extradition: When It Does & Doesn't Apply

Plane flying over USA flag

Extradition is a complicated legal process that involves the transfer of a criminal defendant from one jurisdiction to another. It can be a daunting experience for anyone, especially if you’re facing criminal charges in a different state or country. As a criminal defense attorney, I have seen many clients who are confused about the extradition process and their rights. In this blog post, I will explain what extradition is, when it applies, and when it doesn’t apply.

What is Extradition?

Extradition is the legal process by which one country or state surrenders a person accused or convicted of a crime to another country or state. It is governed by international treaties and domestic laws, and it involves a complex set of procedures that can take months or even years to complete. The purpose of extradition is to ensure that criminals are brought to justice and face trial for their crimes.

When Does Extradition Apply?

Extradition applies when a person is charged with a crime in one jurisdiction but is found in another jurisdiction. In this case, the jurisdiction where the crime was committed can request the other jurisdiction to surrender the accused. The request is usually made through a formal diplomatic process, and it can only be granted if the two jurisdictions have an extradition treaty in place.

When Doesn’t Extradition Apply?

Extradition doesn’t apply in certain circumstances. For example, if the crime is not considered a crime in the jurisdiction where the accused is found, extradition cannot be requested. Similarly, if the accused is a citizen of the jurisdiction where they are found, they may not be extradited. Also, if the accused is facing the death penalty in the requesting jurisdiction, the jurisdiction where they are found may refuse to extradite them.

What Should You Do If You’re Facing Extradition?

If you’re facing extradition, it’s important to seek legal advice as soon as possible. A criminal defense attorney can help you understand your rights and options and can represent you in court. They can also negotiate with the requesting jurisdiction on your behalf and help you avoid extradition if possible.

Call A Criminal Defense Attorney

Extradition is a complex legal process that requires the expertise of a criminal defense attorney. If you’re facing extradition, it’s important to understand your rights and options and to seek legal advice as soon as possible. At The Law Offices of Jed Silverman, we have extensive experience in handling extradition cases and can provide you with the legal representation you need. Contact us today to schedule a consultation.

Share To: