Extradition Proceeding Lawyers

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What is Extradition?

Extradition is the process of surrendering an accused or convicted persons from one state to a different state. The purpose of extradition is to prevent a person who has been accused of a crime from escaping, and to secure their return to the jurisdiction where they committed the crime. In other words, extradition is the returning of the accused to the state from which they fled, for the purpose of trial and/or legal punishment. 
Extradition becomes mandatory if the person is classified as a fugitive. A person becomes a fugitive if they have committed a crime in one state, subsequently left the state, and afterwards reside in the new state for the purposes of evading prosecution. Extradition proceedings and requirements are governed by federal laws. 

What are the Requirements for Extradition?

The process of extradition is generally reserved for serious crimes such as felonies or treason. Other requirements to extradite a person include:
Persons who have been charged with a crime but have not been tried yet may be extradited. Extraditable persons also include those who have been tried and convicted but have escaped custody, and persons who have been subject to conviction in absentia (without appearing in court).

When can Extradition be Refused or Contested?

Extradition may be refused or contested only under the following circumstances:

How can Extradition Proceedings be of Help?

Extradition is considered to be in important procedural aspect in the administration of justice. A fugitive can also be subject to international extradition.   In the event of an international extradition request, extradition proceedings can help by:

Do I Need a Criminal Lawyer for help with Extradition Proceedings?

Extradition proceedings can raise some very serious issues with regards to a person’s individual liberty and rights. If you are involved in an extradition request, it is important that you speak with a criminal lawyer immediately. Extraditions always involve multiple jurisdictions, and so it may be necessary to hire an attorney for representation. Your attorney can help you determine your rights according to extradition laws.  

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Last Modified: 01-21-2011 02:35 PM PST

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