When facing extradition, whether to or from the United States, the stakes are incredibly high. Your freedom, reputation, and future are on the line. Choosing the right legal representation is paramount. At InternetLawyers.net, we understand the complexities of extradition law and offer a team of seasoned professionals dedicated to protecting your rights.
What Sets InternetLawyers.net Apart?
We believe in providing unparalleled legal service, and our approach is built on several core principles that distinguish us from other firms:
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Senior Attorney Focus: Unlike firms that delegate crucial case work to junior staff, at InternetLawyers.net, you will work directly with a senior Extradition Lawyer. This experienced attorney will be your primary point of contact, ensuring you are consistently informed and involved in every aspect of your defense. We believe that complex cases demand the attention of seasoned experts.
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Government Playbook Expertise: Many of our extradition lawyers are former federal prosecutors. This background provides us with an insider’s understanding of government strategies, tactics, and objectives. We anticipate their moves, allowing us to build a robust and proactive defense on your behalf. This prior government experience is a critical advantage in extradition cases.
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Unmatched Investigative Resources: Our team includes former agents from top federal agencies like the FBI, IRS, DEA, OIG, and Secret Service. These professionals bring expertise in espionage, business investigations, and cyber forensics. Their skills are invaluable in uncovering critical details and nuances that can be pivotal in your case, potentially making the difference between a successful defense and severe penalties.
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Proven Track Record of Success: Our extensive experience in fighting extradition and other federal matters has resulted in a remarkable record of success. We have successfully navigated over 2,000 cases, achieving favorable outcomes for our clients. This history of positive results speaks to our dedication and effectiveness in the courtroom and during negotiations.
We encourage you to compare our team, experience, and results with any other law firm, local or national. We are confident that our commitment to excellence will be evident.
When your liberty, career, or reputation is threatened by extradition proceedings, you need immediate and effective legal counsel. Contact us today for a confidential, free consultation. We will thoroughly assess your situation, explain your options clearly, and help you determine the most strategic path forward.
Call us now to discuss your case confidentially: 888-680-1745
Dr. Nick Oberheiden
InternetLawyers.net: Your Dedicated Extradition Lawyers
InternetLawyers.net boasts a team of highly experienced federal defense attorneys and former federal prosecutors specializing in extradition law. We have a demonstrated history of success in high-pressure negotiations and litigation, making us a formidable advocate in your corner.
Dr. Nick Oberheiden
Attorney Nick Oberheiden
International Extradition Team Lead
Contact Nick
Extradition is a uniquely intricate legal process. Cases involving figures like Edward Snowden, Roman Polanski, and Joaquín “El Chapo” Guzmán Loera highlight the complexity and high stakes involved. These proceedings intertwine federal and international law, alongside bilateral and multilateral treaties. Individuals facing extradition confront significant risks, requiring skilled legal counsel to navigate these challenges. Successfully contesting extradition demands a deep understanding of the legal framework, complex procedures, and the ability to persuasively argue against extradition to prosecutors and the Department of State. This is where an experienced extradition lawyer becomes indispensable.
Experienced Federal Extradition Attorneys for U.S. Cases
InternetLawyers.net is a nationally recognized federal defense law firm. Our extradition lawyers have a proven track record of representing clients in complex, high-stakes extradition cases across the United States. Dr. Nick Oberheiden, the firm’s founder, is a sought-after legal commentator on high-profile federal cases. Many of our senior attorneys bring invaluable experience as former federal prosecutors with the U.S. Attorney’s Office. This combination of expertise from both sides of the legal system provides our clients with a significant advantage.
Meet our team of senior federal defense lawyers.
Grounds for Extradition: Understanding the Legal Basis
The legal grounds for extradition to and from the United States are primarily defined by the specific extradition treaty in place with the requesting country. Whether extradition is possible depends on the alleged criminal offenses and the provisions of the relevant treaty. However, even when an extraditable offense is alleged, numerous defenses can prevent extradition. A skilled extradition lawyer will meticulously examine the treaty and the specifics of your case to identify potential defenses.
While some older U.S. extradition treaties list specific extraditable offenses, modern treaties often adopt the principle of “dual criminality.” This principle dictates that extradition is permissible if the alleged conduct constitutes a criminal offense in both the requesting and the extraditing country. This adds a layer of complexity that requires careful analysis by an experienced extradition lawyer.
The U.S. Department of State provides a list of countries with which the United States has extradition treaties. If you are concerned about extradition involving the U.S. and another country, our extradition lawyers can quickly assess your risk based on the applicable treaty and the specifics of your situation.
In limited circumstances, the U.S. may extradite individuals to countries without a treaty, typically involving non-citizens accused of violent crimes against U.S. nationals abroad. These situations are complex and require expert legal navigation.
Benefit from Our Highly Experienced Extradition Team
Our team includes a diverse group of highly qualified legal professionals, including former prosecutors and agents from various federal agencies. This breadth of experience allows us to approach extradition cases from multiple angles, providing comprehensive and strategic defense representation.
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former DOJ Trial Attorney
Partner
Brian J. Kuester
Former U.S. Attorney
Hon. Kevin McCarthy
55th Speaker, U.S. House of Representatives (ret.)
Government Consultant
Mike Pompeo
Of Counsel
Former U.S. Secretary of State
John W. Sellers
Former Senior DOJ Trial Attorney
Linda Julin McNamara
Federal Appeals Attorney
Jennifer W. Corinis
Litigation Counsel
Roger Bach
Former Special Agent (DOJ)
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Ray Yuen
Former Supervisory Special Agent (FBI)
Defense Strategies in U.S. Extradition Proceedings: How an Extradition Lawyer Can Help
Extradition cases are not insurmountable. Just as there are specific grounds for extradition, there are also numerous potential defenses. When you engage InternetLawyers.net, our extradition lawyers immediately begin a thorough investigation to identify all available defenses in your case. We then develop a comprehensive defense strategy, working diligently with the relevant authorities to protect you from extradition.
While every extradition case is unique, some common defense strategies employed by extradition lawyers in U.S. and international cases include:
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Extradition Treaty Exceptions: All U.S. extradition treaties contain exceptions that can prevent extradition, even if the alleged offense seems to fall under the treaty’s extraditable offense list or dual criminality provisions. These exceptions vary between treaties, but some common ones include:
- Double Jeopardy: Many treaties prohibit extradition if the individual would face double jeopardy in the requesting country for an offense for which they have already been acquitted or convicted.
- Capital Punishment Concerns: Some treaties allow countries without the death penalty to refuse extradition unless the requesting country (like the U.S.) guarantees not to seek capital punishment.
- Foreign Crimes: Extradition may be denied if the alleged crime occurred outside the requesting country’s territorial jurisdiction.
- Military Offenses: Individuals accused of military crimes are often exempt from extradition under U.S. treaties.
- Politically Motivated Charges: Extradition for politically motivated offenses is frequently prohibited, although exceptions may exist for serious violent or terroristic crimes.
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Statute of Limitations: Most U.S. extradition treaties incorporate a statute of limitations provision. If the statute of limitations for the alleged crime has expired in the requesting country, extradition may be denied.
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Doctrine of Specialty: This doctrine limits prosecution after extradition to only the offenses for which extradition was granted. An extradition lawyer can argue against extradition if there’s evidence suggesting the requesting country intends to violate this doctrine or can limit the scope of prosecution based on the extradition request itself.
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Lack of Probable Cause: U.S. law requires probable cause for extradition, mirroring domestic prosecutions. If the information provided by the requesting country fails to meet this standard, extradition should be denied.
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Procedural Defenses: Extradition proceedings involve strict procedural requirements. Failure to meet even one of these requirements can form the basis of a procedural defense. Our extradition lawyers meticulously examine every aspect of the extradition request and process to identify any procedural errors that could be challenged.
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Sixth Amendment (Speedy Trial) Violations: Delays in seeking extradition can potentially violate the Sixth Amendment right to a speedy trial. If the government has been dilatory in pursuing extradition, this defense may be viable.
Q&A with InternetLawyers.net Extradition Lawyers
Q: Can I be arrested and detained while awaiting an extradition request?
Yes, potentially. Once an extradition request is received, authorities may seek to detain you pending the extradition proceedings. In some cases, a “provisional arrest” may occur even before a formal extradition request is issued. Understanding your rights during detention is crucial, and an extradition lawyer can advise you on these matters.
Q: What is the Office of International Affairs (OIA)?
The Office of International Affairs (OIA) is a branch of the U.S. Department of Justice’s Criminal Division. The Department of State forwards extradition requests to the OIA, which then handles provisional arrests and assists with other aspects of foreign extradition requests within the U.S. The OIA plays a central role in the U.S. extradition process.
Q: Who makes the final decision on extradition in the U.S.?
In the United States, the Secretary of State has the ultimate authority to decide whether to extradite an individual, acting on recommendations from the OIA. In other countries, the decision-making process varies according to their extradition laws.
Q: How can I challenge an extradition order?
If the Secretary of State approves your extradition, you can challenge this decision by filing a writ of habeas corpus in federal district court. Appeals then proceed through the federal court system, potentially reaching the U.S. Supreme Court. An extradition lawyer is essential to navigate this complex legal challenge.
Q: Where can I get more information about fighting extradition to or from the U.S.?
If you are facing extradition, seeking legal representation immediately is critical. InternetLawyers.net’s senior extradition lawyers are available around the clock. Contact us now to arrange a confidential consultation with an experienced attorney who can help you understand your rights and options.
Contact InternetLawyers.net Today
To speak with an internetlawyers.net extradition lawyer, call 888-680-1745 or contact us online. We provide nationwide representation in federal extradition matters.
Further Extradition Information
