Extradition to and from the United States

International extradition, both to and from the United States, involves a process wherein countries cooperate to exchange individuals wanted for various crimes within their jurisdictions. This cooperation occurs in accordance with mutual international extradition treaty provisions and human rights principles. The burden of proof lies with the government to fully establish the alleged crimes, a task often facilitated by an extradition lawyer. It’s important to note that an extradition request does not signify a final decision, as the accused retains the right to present evidence, explanations, and alibis. Negotiations regarding international extradition requests can take place with the Department of Justice and the State Department. A skilled international extradition attorney can assist individuals who are wrongly accused and require legal defense, those seeking to arrange a voluntary surrender without formal extradition proceedings, as well as those facing unfavorable rulings and seeking appeals or legal safeguards.

The extradition process adheres to certain rules and principles:

• Countries must be parties to an Extradition Treaty.
• Extradition must uphold human rights principles.
• The accused’s guilt, involvement in the alleged crime, and identity must be fully established.
• Dual Criminality dictates that the alleged offense must be recognized as a crime in both countries.
• Under the Specialty Doctrine, extradition permits prosecution only for the crimes listed in the extradition request.

Extradition may be subject to specific limitations outlined in individual treaties:

• Some treaties restrict extradition for political offenses.
• Extradition to the United States may be limited if the potential sentence includes the death penalty or severe imprisonment conditions contrary to human rights.
• Certain countries may require assurances from the United States regarding the non-application of the death penalty.

A proficient extradition attorney can:

• Confirm that the criminal charges align with the relevant extradition treaty and ensure compliance with legal procedures.
• Assess the government’s evidence to establish the accused’s guilt, involvement, and identity.
• Provide representation in court, assist with presenting evidence or alibis, and advocate for a “not guilty” verdict.
• Negotiate extradition terms with governmental authorities.
• Secure an extradition bond for the individual’s release pending the hearing.
• Coordinate with foreign legal representatives if the individual is facing extradition from another country.
• Appeal criminal convictions or extradition decisions to the State Department to seek cancellation or obtain additional protections.

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