Coral Gables Federal Extradition Attorney
Extradition is the legal process by which one jurisdiction surrenders a fugitive to another jurisdiction so that the fugitive can stand trial or be sentenced. While extradition can occur between the different states, federal extradition cases involve transferring wanted individuals to or from foreign countries. Facing possible extradition can be a frightening experience and you should never try to handle such a matter on your own. Instead, you should always seek assistance from a criminal defense attorney who has particular experience in this type of legal issue.
If you are arrested in Florida and are wanted by law enforcement authorities in another state for a criminal offense, that state may request that you be transferred in order to face criminal charges. This transfer process is legally referred to as extradition and is permitted by the Constitution of the United States. Florida has adopted the Uniform Criminal Extradition Act (UCEA) as state law and, therefore, has specific requirements and procedures for the interstate extradition of wanted individuals. Anyone facing extradition from Florida should immediately seek representation by a criminal defense attorney who can uphold your rights and make sure that all requirements are met.
Similarly, if you are currently in custody in another state and have a felony warrant in Florida, the governor may request for your extradition to face the applicable charges in Florida criminal court. It is always wise to contact an attorney in the jurisdiction that issued the warrant as you will require aggressive criminal defense if you are transferred back to the Sunshine State.
The extradition process can be complicated
Extradition procedures are dictated by the law of the state in which a fugitive is being held. The following are the general procedures for an extradition under Florida law:
- The state demanding your extradition must issue a valid extradition warrant.
- An executive authority, such as the governor, of that state must then formally request your extradition in writing with supporting documentation including the indictment for the original offense, affidavit from the state authority, or judgment of conviction if you are wanted for a parole or probation violation.
- You will be given the option at this point to voluntarily waive your right to a hearing and return to the demanding state or to have a hearing to ensure the extradition is valid. This hearing is important to make sure your rights are fully protected and you should always have an experienced extradition defense attorney representing you at this hearing.
- At the hearing, a court will review the extradition request to determine whether there is sufficient evidence to charge you with the criminal offense in the demanding state, whether you are in fact to correct person identified in the request, and whether all other relevant legal formalities have been met.
- If the request appears valid, the governor of Florida can approve it.
- You can be held for up to 30 days in Florida while the demanding state takes custody of you and arranges for your transportation.
Extradition requests are not always valid, so it is imperative that you have a qualified Florida extradition defense attorney on your side to make sure your constitutional rights are not violated. A skilled attorney will be able to identify any errors of identity or inadequacies of the documentation presented with the extradition request.
Requirements for extradition
The federal government does not have the authority to simply ship anyone off to another country just because the other country requests so. Instead, federal laws and international laws set out many requirements for extradition to protect the rights of the accused. Generally speaking, extradition requires that the United States have a treaty with the other country, and the U.S. currently has such treaties with many different countries across the world. Each treaty will set out the requirements for that particular extradition and the treaties often requires that the individual to be extradited be a fugitive. There are also only certain crimes for which the United States will go through the extradition process. If there is no treaty with the requesting country, the U.S. can still extradite under limited circumstances if the Attorney General certifies the process.
Prior to extradition, the individual in question is entitled to a legal hearing in which they can present defenses to try to stop the extradition. Anyone facing extradition should always be represented at this hearing by a skilled and qualified defense attorney. An attorney can argue that there is not sufficient evidence to sustain the criminal charge against the individual. An attorney can also present evidence that the person in custody at the hearing is not actually the same person who is wanted in the foreign country. Furthermore, a defense lawyer can argue that the foreign country does not actually have probable cause to believe that the individual was the one who committed the offense. Finally, if the foreign country delays the extradition too long, an attorney can argue that you have the right to be released from custody. These are only some of the ways that an experienced extradition defense lawyer can help you fight against extradition proceedings to keep you in the U.S.
Contact a Coral Gables extradition attorney to discuss your case today
If you are facing extradition from the United States, it is imperative that you have a highly skilled defense lawyer who is familiar with this type of case. Extradition cases can be extremely complicated and can involve many different legal issues, so you want to make sure your defense attorney has the experience and resources necessary to make sure your rights are fully protected throughout your entire case. At the law office of Alfredo A. Izaguirre in Miami and Coral Gables, Florida, we have many tools with which to defend against an extradition to a foreign country. Please do not hesitate to call today at 305-442-0425 for help with your federal extradition case.