Extradition Proceedings

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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 ensure their return to the area where the crime occurred. In other words, extradition means returning of the accused to the state where a crime occurred for the purpose of trial.

What Are the Requirements for Extradition?

The process of extradition is generally reserved for serious crimes, nearly all of which are felonies. Other requirements to extradite a person include:

Who Is Subject to Extradition?

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, which means "without appearing in court."

Can Extradition Be Refused or Contested?

Extradition may be refused or contested under the following circumstances:

Can Extradition Proceedings Be Helpful?

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

Do I Need a 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 and zealously put forth any defenses.

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Last Modified: 08-20-2014 10:16 AM PDT

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