Barzee Flores works with U.S. and foreign clients charged with federal offenses. If you or someone you know is facing extradition proceedings to the U.S. from Columbia, Mexico, Jamaica, Bolivia, Spain, Venezuela or anywhere else in the world, call the Miami federal extradition lawyers at Barzee Flores.
Extradition to the United States
18 U.S.C. §3184 of US law makes it possible for a person to be extradited where an extradition treaty exists between the United States and the foreign power. According to US Department of State, over 100 countries have established extradition treaties with the United States including jurisdictions such as Canada, Spain, Columbia, Mexico, Brazil, China and Israel.
The formal process of being extradited to the United States from a foreign country is the culmination of several legal processes and the beginning of many more between the demanding country, the country of retreat, and the subject of the proceeding, called a fugitive from justice.
To begin with, there must usually exist a treaty between the demanding country and the country of retreat that includes or allows the extradition of a person, though in some cases, a foreign country may allow extradition without such a treaty. In addition, the crimes for which a person may be prosecuted depend on the agreement and the treaty between the two countries.
Once in custody and the US prosecutor has consulted with the office of International Affairs, the defendant is surrendered to the American Embassy and US Marshals bring him or her back into the US. For those who are not US citizens, the Immigration and Naturalization Service then authorizes the fugitive to enter the country. Without an experienced legal team working on a defendant’s behalf, a fugitive from justice may be subjected to a long period of incarceration before actually being brought to court.
There are, however, certain circumstances that can delay or prevent an extradition. Those include:
- The fugitive is a national of the country of retreat
- The crime is not extraditable
- The statute of limitations has run on the charges or offense(s)
- Certain medical conditions or family obligations
- Many countries will deny a request for extradition if the fugitive from justice is being sought for a political crime or if the death penalty may be imposed if the defendant is found guilty
- If the person has already been tried and either convicted or acquitted of the same offence
For more information on how we can help you, call our Miami office at (305) 374-3998.