What crimes are extraditable in the US?
Extradition is the process of transferring a person from one country or jurisdiction to another to face criminal charges or serve a sentence. It can be international or domestic. International extradition occurs between countries based on bilateral or multilateral agreements. Domestic or Interstate extradition happens within a single country, for example, between states in the USA.
Let’s explore what crimes you can be extradited for and what steps to take to protect yourself from international extradition.
Understanding the Extradition Process
We’ve already established what is extradition , so let’s look at where it begins. The process starts with one party (for example, another country or state) submitting an official extradition request for the provisional arrest and surrender of the accused. The provisional arrest request must be justified with evidence supporting the person’s guilt and accompanied by legal documentation. Then, the foreign government that receives the request evaluates it to ensure it complies with the law and the conditions of the extradition treaty.
After checking for compliance with requirements, the case can be transferred to court for review. Judges analyze the supporting documents and materials presented to determine if there are sufficient grounds for extraditing the individual to the requesting party. If the decision is affirmative, the accused is handed over. However, the person subject to extradition can file an appeal to protect their rights.
Foreign authorities play a key role in this process. They monitor compliance with international treaties and human rights. It’s at this stage that legal support becomes particularly important, as proper representation of interests can influence the outcome of the case.
If you’re planning to travel between countries but are worried you might be detained and subsequently extradited, we recommend reaching out to our lawyers for legal representation. They can help prepare a request to get accurate information on whether you are on any wanted lists or not. Familiarize yourself countries with no extradition agreements with the US.
State vs. International Extradition
The extradition process between U.S. states and between countries differs. Interstate extradition typically proceeds more quickly since the states adhere to common laws and the U.S. Constitution. For example, if someone has committed crimes in California but is located in Florida, the transfer procedure is coordinated between the states.
International extradition is a much more complex process. It depends on whether there are agreements between countries, such as an Extradition Treaties between the USA and other nations. For instance, not all countries cooperate with the USA on these matters. Many countries also refuse extradition if the person facing extradition is threatened with the death penalty or if the case has a political nature.
We recommend finding out which US states will extradite you.
Common Crimes in Extradition and US Jurisdiction
The most common crimes leading to a fugitive’s provisional arrest and International extradition proceedings from a foreign country include murder, drug trafficking, fraud, terrorism, and sexual offenses. These crimes are particularly serious and often cross national borders, necessitating international cooperation.
Let’s look at examples of extraditable crimes:
- Murder and manslaughter are among the most common reasons for someone to be extraditable. For example, if someone commits a violent crime in the U.S. and flees to another country, American authorities can submit a formal extradition request for trial.
- Drug trafficking is often an extraditable offense as well. The U.S. actively fights against international drug cartels, and the extradition of criminals from Latin American countries has become a common practice.
- Fraud and theft, especially when they involve large sums of money or affect multiple countries, make the perpetrator extraditable. An example would be a case where a fraudster used American financial institutions for money laundering but fled abroad.
- Terrorism is another category of crime that the United States pays special attention to. Following the events of September 11, 2001, American authorities have been actively working with other countries to pursue terrorists.
- Sexual crimes, such as pedophilia or sexual assault, also fall under the jurisdiction of extradition, especially if the victims or the crime are connected to the U.S.
American laws apply even to crimes committed abroad if they affect the interests of the U.S. For example, if a U.S. citizen becomes a victim of a violent crime in another country, American authorities can request the extradition of the suspect to face criminal prosecution.
Steps to Take When Facing Extradition
When faced with a foreign extradition request, the first step is to seek qualified legal assistance. We recommend reaching out to our attorneys regarding the extradition procedure, which will clarify your rights and assess the evidence against you.
Every country or state has its own extradition laws and procedures. To prepare, it’s necessary to study the extradition treaties between countries or the specific laws of a particular state.
Another important step is preparing all the necessary extradition documents. You will need to gather evidence of your innocence, provide certificates of your legal status, and any other documents that support your position in an extradition hearing.
It’s also important to consider the possibility of filing an appeal in extradition cases. This way, you’ll have extra time to gather evidence and prepare a stronger defense. However, it’s crucial to act quickly, as time is often limited.
Protecting Your Rights During Extradition
Extradition doesn’t strip the accused of their rights; on the contrary, it includes a number of guarantees. Remember, you have the right to legal assistance — the opportunity to hire a lawyer or receive public defense.
You also have the right to be informed about the reasons for extradition, including the charges brought against you and the evidence. If this information is incomplete, it could serve as a basis for challenging foreign requests and ultimately lead to being non-extraditable. In some cases, a legal review is possible, where the legality of the extradition, the crime’s compliance with treaty criteria, and potential rights violations are assessed.
The main guarantee is protection against double jeopardy or dual criminality. A person is non-extraditable for crimes if the accused has already been convicted of that crime or if it is not considered a criminal offense in the country of residence. Finally, the right to humane treatment protects against torture and inhumane conditions. If there are risks of such violations in the requesting country, then in most cases, the person is non-extraditable.
Legal Support for Extradition-Related Crimes
The extradition process requires significant legal knowledge and experience. Specialists in this field work with both international and domestic cases, helping their clients protect their rights and minimize potential consequences. They analyze the extradition case details, verify compliance with procedural norms, and assess the legality of the charges.
Lawyers can also interact with foreign government bodies, which play a significant role in the extradition process. These can include local prosecutors, federal agencies, the Office of International Affairs, or international organizations such as Interpol. Effective cooperation with these entities helps minimize mistakes and improve case outcomes.
Contact our attorneys, who will provide a consultation and help resolve your issue. You’ll receive expert support and protection of your interests and freedoms. Our team intimately understands international law and will participate in negotiations to reduce charges if necessary. This could lead to a reconsideration of extradition terms or even its cancellation. We’re ready to tackle cases of any complexity, anywhere in the world.
