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Extradition Defense Lawyers | Extradition Lawyers

March 21, 2024 Uncategorized

Extradition Defense Lawyers: Your Guide to Fighting Extradition

So you got yourself into some legal trouble, and now the government wants to extradite you to face charges. I get it — this whole situation is scary. Believe me, I know what you’re going through. But don’t panic! There are things you can do to fight extradition. This article will walk you through the basics so you can understand the process and start building your defense strategy.

What is Extradition?

Extradition is when one country transfers someone accused or convicted of a crime to another country for prosecution or punishment. It happens through treaties between countries that outline the terms for transferring fugitives. For example, if you commit a crime in the U.S. and flee to Canada, the U.S. can request that Canada extradite you back to face charges. The countries will cooperate through an extradition treaty.

Why Do Countries Extradite People?

Extradition is one of the main ways that countries cooperate to fight crime. It helps ensure that people who break the law don’t get away with it by hiding in another country. Extradition treaties build trust between nations and show that they are united against criminals evading justice.

What’s the Extradition Process?

The country requesting extradition starts by sending a formal request to the other country where the person is located. This includes evidence of the person’s guilt, like affidavits describing the crime. The requested country reviews the request and decides whether to arrest the person. There’s usually a hearing where the person can argue against being extradited. If the requested country agrees, they will transfer custody of the person to law enforcement agents from the requesting country. Then the agents transport the fugitive back to face charges.

Common Defenses Against Extradition

Fighting extradition is complicated, but possible with the right defense. Here are some common arguments lawyers make:

  • Dual criminality – The alleged crime must be illegal in both countries to qualify for extradition. If it’s not a crime where you’re located, you may avoid extradition.
  • Political offense – Many treaties bar extradition for political crimes or persecution. Your lawyer can argue the charges are politically motivated.
  • Human rights violations – Most countries won’t extradite if it risks human rights abuses like the death penalty or torture.
  • Statute of limitations – If too much time has passed since the alleged crime, the statute of limitations may have expired.
  • Invalid extradition request – The request and supporting documents may have procedural flaws your lawyer can challenge.
  • Mistaken identity – You can assert that you are not the person wanted for extradition.

Finding an Extradition Defense Lawyer

Don’t go through this alone — get an experienced lawyer on your side! Look for attorneys with specific expertise in international extradition cases. Key things to ask:

  • Do you have experience defending extradition cases under my applicable treaty?
  • Are you familiar with the courts and laws in the requesting country?
  • Will you aggressively challenge procedural flaws and advocate for my rights?
  • Can you negotiate with prosecutors for a favorable resolution?

A knowledgeable lawyer can poke holes in the case against you and highlight any violations of law or treaty obligations. They may also negotiate with the requesting country to drop or reduce charges to avoid extradition.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

How Lawyers Defend Extradition Cases

Once hired, your lawyer will start reviewing the charges and extradition request to identify potential defenses. Some actions they commonly take:

  • File habeas corpus petitions alleging unlawful detention.
  • Gather exonerating evidence and witnesses.
  • Retain expert witnesses to discredit government’s evidence.
  • Challenge credibility of demanding country’s affidavits.
  • Contest inconsistencies or omissions in extradition request.
  • Argue for release on bail while contesting extradition.
  • Negotiate for transfer or dismissal of charges.

Your lawyer’s aim is to prevent the extradition entirely or at least buy time to build your case. They may be able to get charges reduced to crimes not covered by the treaty.

What Happens If Extradition Succeeds?

If the court approves extradition despite your lawyer’s efforts, you’ll be transferred to custody in the requesting country. Your lawyer can help ensure proper procedures are followed:

  • Guarantee humane treatment and safe transport
  • Make sure extradition is for the agreed charges only
  • Get court order recognizing time served while contesting extradition
  • Transfer any seized evidence to be used in your defense
  • Negotiate for credit for time served if convicted

While not ideal, getting extradited with your rights protected gives you a stronger case going forward. An attorney may be able to get charges dismissed or reduced once you are in the requesting country.

Don’t Give Up Hope!

Being arrested for extradition is scary, but you have rights. With an experienced criminal defense lawyer, you can avoid extradition entirely or at least be extradited safely and minimize consequences. Don’t take on this fight alone. Contact a lawyer today to start building your defense!

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CLAIRE BANKS

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RAJESH BARUA

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