International extraditions are never straightforward, and often involve multiple charges across jurisdictions. The loss of property and livelihoods make an already stressful situation much worse.
Norman Spencer Law Group PC provides first-class legal representation to clients involved in high-stakes, complex situations. The cases we handle involve government agencies, cross-border criminal investigations, white collar defense and regulatory matters. Our clients know to expect sensitivity, privacy, and respect throughout the cycle of their case.
Extradition processes vary depending on any existing treaties between the countries involved. During the judicial phase, the judicial authority will decide on whether the suspect qualifies for extradition to the requesting country. If the ruling goes in favor of the requesting country, the person is surrendered to that country’s authorities for formal transfer into custody. In the United States, a private individual cannot request someone’s extradition. Prosecutors and their related authorities may do so once they have formally filed charges and a warrant has been issued by a court for the suspect’s arrest.
This process can take anywhere from several weeks to several years. Factors which determine extraditability include: the suspect’s nationality, past criminal offenses, and whether the case still qualifies for trial (per relevant statutes of limitation).
Instances where extradition is refused involve similar factors, including:
- Nationality – Some countries will not extradite their citizens to other nations. (By contrast, the United States allows extradition to other countries so long as treaty conditions are followed.)
- Repeat Offense – Extradition for a crime committed in the requester country does not punish the suspect for committing the offense in the requestee country. Nor does it guarantee that the suspect will not repeat the offense elsewhere, or that the requester country will even try the suspect. The requestee country may therefore choose to hold the suspect and pursue trial and punishment there.
- Political – The suspect may not be extradited if their crime is deemed political under the definition of the holding/requestee country.
- Potential Consequences – Should a guilty ruling in the requesting country include the death penalty or forms of severe harm, the requestee country may refuse extradition.
Cases for international extradition typically include major crimes, such as murder, rape, human trafficking, and increasingly, cybercrime and money laundering. For suspects found to be evading international sanctions, the charges become even more complex. In the rising cases of Russian nationals being extradited to the United States, this process may be expedited given the current political situation between these nations.
International extradition cases often result in sentences that are many years long, with little potential for bail or appeal. With so many potential gray areas and complications that could arise, it is vital to have legal counsel that understands the international legal landscape.
Norman Spencer Law Group PC has extensive experience in working with domestic and international government bodies. Regardless of your situation, our wealth of knowledge and experience will be focused on leveraging the law for the best possible outcome in your situation. We examine everything from the hard facts of the case to the nuance involved in your personal circumstance.
Contact us to arrange a consultation. We provide services in English, Russian, and Mandarin.