Every criminal defense lawyer will tell you, running from the law doesn’t work. Because of the media, some people still believe that escaping to another state or country will work. It will not work because they can be extradited and still have to face trial where they committed the crime.
Definition of Extradition
In brief, extradition is deporting the accused or the fugitive from an asylum state/country to another state/country seeking to place the individual on trial for their crimes.
You can be jailed for at least a month, and you still have to face the charges made against you as well as additional charges of becoming a “fugitive from justice”.
Possible Scenarios of Extradition
Usually the suspect fall either one of these situations . They may willing have left the state or country where the criminal charge was filed.
- Accused of a felony crime and skipped bail before the trial;
- Fled to another state or county;
- Escaped from prison;
- Violating parole.
Sometimes however, some accused are not attempting to evade the law.
- they may have nothing to do with the crime, a case of mistaken identity;
- they are not aware that they have been charged with a crime at all;
How serious does a charge have to be before someone gets extradited?
Since extraditions are costly, most will not be willing to extradite someone unless it’s a felony. Usually only serious and capital crime cases have enough weight to have people extradited.
Are extraditions bailable?
Generally no, but a good criminal defense attorney can argue with a judge to let the accused be released on bail.
These requirements have to be fulfilled before an individual is decided to be eligible for extradition:
- The documents involved must charge the fugitive with treason, felony or other serious crimes;
- The documents must be deemed authentic by the governor or chief magistrate of the state where the fugitive fled;
- The party receiving the request for extradition must arrest and secure the fugitive and notify the requesting party to recover the fugitive;
- The party demanding extradition must send someone to recover the fugitive 30 days from the time of the arrest or else the prisoner will be released. This can be extended upto 90 days depending on the case.
Before an extradition hearing can take place, the accused have two choices:
- Waive the right to the extradition hearing, which will immediately get him extradited;
- Proceed with the hearing with or without a lawyer, but the burden of proof will be on the defense.
What will the hearing be about?
The purpose of the hearing is to argue the necessity of the defendant’s extradition, and if it’s fair to the defendant. Some states or countries do not agree with the demanding state’s policy or laws, especially if it is against the asylum state’s own policy or laws.
The Extradition Defense Process
Your defense attorney needs to know more about extradition and should have had prior experience in handling these matters. Here are a few preliminary procedures.
- Analysis of the legality of the documents;
- If there is enough basis for a criminal charge;
States and countries have additional conditions of their own when deciding to extradite someone:
Each country and state has its own laws and ways how to uphold them, so it’s inevitable that they might not agree with another state’s laws or policies. Here are some of their reasons why they will not agree to extradite someone:
- If the crimes charged against the fugitive is punishable or considered a crime at all in both the requesting and requested parties;
- Most countries will refuse extradition if the suspects are involved into politics;
- The requested party might refuse extradition because if the person is extradited, they might face capital punishment, torture, or death;
- If the requesting party are seeking capital punishment, most parties will not allow extradition unless they are assured that the death sentence will not be carried out.
For more information about Extradition,contact a Las Vegas criminal defense attorney.