NJ Defenses for Defeating Extradition

NJ Defenses for Defeating Extradition

If you’re facing criminal charges overseas, extradition can seem like an inevitable nightmare. But in reality, there are various complex legal defenses that an experienced New Jersey extradition lawyer can use to halt your removal to another country.

In this article, we’ll explore some of the most common and effective defenses used to defeat international extradition, including:

• Dual criminality
• Political offense exception
• Human rights violations
• Insufficient evidence
• Statute of limitations

Let’s take a closer look at how a skilled extradition attorney can leverage these defenses to keep you from being extradited.

Dual Criminality Defense

One central requirement of international extradition is “dual criminality” – meaning the alleged criminal conduct must be considered a crime in both the country requesting extradition and the U.S.

For example, if you’re accused of tax evasion in another country, but tax evasion is not a crime in the U.S., then there is no dual criminality. This would preclude extradition.

An experienced extradition lawyer will carefully analyze the charges against you to determine if there is a true dual criminality. Even if the offenses have similar names, the definitions and elements of the crimes may differ between each country’s laws.

These nuances can provide opportunities to argue against dual criminality and defeat extradition on that basis.

Political Offense Exception

Most extradition treaties contain a “political offense exception” that bars extradition for crimes of a political nature. This prevents extradition being used to punish political dissenters.

If the charges against you are politically motivated, an attorney can argue they fall under the political offense exception. For example, allegations of “tax fraud” from an authoritarian regime may be pretext to punish anti-government political opinions.

While asserting the political offense exception can be challenging, an experienced international extradition lawyer will aggressively pursue this defense when the facts support it.

Human Rights Violations Defense

Courts have recognized that extradition may be denied on humanitarian grounds if there is credible evidence that your basic human rights would be violated if extradited.

Your attorney can present evidence about torture, inhumane prisons, lack of due process, or other human rights issues in the requesting country. This can convince the court that extradition poses an unacceptable risk of human rights abuses.

Raising human rights concerns as an extradition defense requires thoroughly documenting country conditions. But it can be a powerful tool to halt extradition if you face mistreatment or rights violations overseas.

Insufficient Evidence Defense

The country seeking extradition must present sufficient competent evidence to establish probable cause that you committed the alleged offenses.

An experienced extradition lawyer will meticulously examine the requesting country’s submitted evidence to identify any flaws, hearsay, credibility issues, or procedural defects.

If the evidence is insufficient to establish probable cause by U.S. standards, the attorney can argue for denial of extradition on that basis.

Statute of Limitations Defense

Most extradition treaties contain provisions precluding extradition if the statute of limitations has expired under the laws of either country.

Your lawyer can argue the statute of limitations has run under U.S. law, barring extradition. Even if the limitations period remains open in the requesting country, if it’s expired under U.S. law extradition may be prohibited.

Given the complexities of statute of limitations analysis between different countries, having an attorney who identifies this issue can be key to avoiding extradition.

Finding an Extradition Defense Lawyer

As you can see, there are various defenses available to defeat international extradition requests. But it takes an experienced attorney to properly identify and argue these defenses.

When choosing an extradition defense lawyer, look for these key credentials:

• 10+ years focused exclusively on extradition law
• Past experience successfully fighting extradition requests
• In-depth expertise in U.S. extradition treaties and foreign laws
• Access to a network of expert witnesses on foreign country conditions

Also, opt for an attorney who makes you feel comfortable and gives you confidence in their abilities. Fighting extradition is a lengthy process that requires complete trust in your lawyer.

Don’t leave your fate to chance – contact an accomplished extradition defense attorney today. With an expert lawyer protecting your rights, you can avoid being removed to face prosecution in another country’s judicial system.

References

[1] New Jersey Criminal Law Attorney. (n.d.). Extradition Process To or From New Jersey. Retrieved from www.newjerseycriminallawattorney.com.

[2] United States Congress. (1999, July 19). Congressional Record, V. 145, Pt. 12. Retrieved from www.govinfo.gov.

[3] National Criminal Justice Reference Service. (n.d.). 88647-88654NCJRS.pdf. Retrieved from Office of Justice Programs.

[4] Armed and Dangerous. (2019, September 14). Gratitude for Beto. Retrieved from www.ibiblio.org.

[5] New Jersey Criminal Law Attorney. (n.d.). International Extradition. Retrieved from www.newjerseycriminallawattorney.com.

[6] Höijer, B., Nohrstedt, S. A., & Ottosen, R. (n.d.). US and the Others. Retrieved from www.diva-portal.org.