Extradition Process in Federal Court

Extradition Process in Federal Court

When someone is wanted for prosecution or to serve a sentence in another jurisdiction, whether it’s another U.S. state or another country, the government can initiate an extradition process to compel their return.

If you or a loved one is facing extradition, you may have options. The Dallas federal criminal defense attorneys at Broden & Mickelsen, LLP have the knowledge and courtroom experience to protect your rights under U.S. and international federal extradition laws. We help clients understand their rights and develop strategies to challenge or navigate your extradition proceedings. Call us today for more information and discover how we can help with your situation.

What Is Extradition?

Extradition is the legal process by which one jurisdiction surrenders someone accused or convicted of a crime to another jurisdiction. This can take the form of interstate extradition (state-to-state) or international extradition requests. International extradition involves a foreign government making a request to the United States or vice versa.

Interstate extradition is generally governed by the Uniform Criminal Extradition Act (UCEA). It allows one state to request the transfer of an individual through formal channels with the cooperation of state governors and law enforcement.

International extradition, by contrast, is far more complex. It depends on an extradition treaty between the U.S. and the requesting country. If no treaty exists, the U.S. may still consider the request for extradition. However, the process and legal authority are more limited.

What Happens During Extradition?

So, how does extradition work? The extradition process varies based on whether the case involves interstate or international extradition.

In interstate cases, the demanding state sends a formal extradition demand. The documentation may include affidavits, indictments, or warrants. The receiving state’s governor can approve the request, which triggers an arrest and transfer. The extradited person may be entitled to a limited extradition hearing to confirm their identity and whether the documents are valid.

In international cases, the foreign government must submit a formal request for extradition through diplomatic channels. The U.S. federal government has federal jurisdiction over these matters. These proceedings are usually done via the U.S. Department of State. Next, the Department of Justice evaluates the request under the extradition treaty, then forwards it to federal prosecutors.

If a court finds the request satisfies treaty and statutory requirements, it holds an extradition hearing before a magistrate judge. During this hearing, the court does not determine guilt or innocence. They instead assess whether the evidence supports extradition under the law. Once the judicial authority rules in favor of extradition, the Secretary of State makes the final decision.

Extradition Laws

The extradition process in federal court is governed by several federal laws under Title 18 of the U.S. Code. The following statutes outline interstate and international extradition:

  • 18 U.S.C. § 3182 – Governs interstate extradition under the U.S. Constitution’s Extradition Clause.
  • 18 U.S.C. § 3183 – Applies to fugitives from U.S. territories or possessions.
  • 18 U.S.C. § 3184 – Covers fugitives from foreign countries, providing authority for extradition hearings.
  • 18 U.S.C. § 3185 – Applies to fugitives from territories under U.S. control.
  • 18 U.S.C. § 3187 – Provides for provisional arrest and detention of fugitives within extraterritorial jurisdictions.
  • 18 U.S.C. § 3189 – Details the place and character of the hearing, which must be before a federal magistrate judge.
  • 18 U.S.C. § 3190 – Establishes evidentiary standards for extradition proceedings.
  • 18 U.S.C. § 3196 – Addresses the extradition of United States citizens, which is possible unless specifically barred by treaty.

Extradition treaties are binding agreements between the U.S. and other nations. They outline the crimes that are extraditable, dual criminality requirements, and procedural rules. If no applicable extradition treaty exists with a given country, the U.S. may deny the extradition request or negotiate alternative arrangements.

How Long Does an Extradition Take?

The duration of the extradition process depends on multiple factors. For interstate extradition, the timeline can range from a few days to several weeks, depending on how quickly documents are received and when hearings can be scheduled. If a court backlog exists, extradition can take longer.

International extradition usually takes much longer than interstate extradition. The process may span several months or years. This is typically due to diplomatic exchanges, treaty interpretations, and any required federal review and court hearings.

Delays can arise if the person being extradited challenges the proceedings and files an appeal. Similarly, the process may be delayed if the requesting country needs time to compile evidence that satisfies U.S. legal standards.

Can I Fight Extradition?

Yes. While the extradition process in federal court is difficult to stop, there are several possible defenses.
A skilled extradition defense lawyer may challenge the following:

  • Incomplete or improper documentation in the extradition request
  • Violations of the applicable extradition treaty
  • Political motivations behind the request for extradition
  • Risk of inhumane treatment in the requesting country
  • Lack of probable cause or dual criminality
  • Mistaken identity or procedural errors

At your extradition hearing, the judge evaluates whether the statutory and treaty conditions are met instead of your guilt or innocence. However, experienced counsel can use this opportunity to raise legal and Constitutional objections. Depending on the unique case, this can derail or delay your extradition.

How Can a Dallas Federal Criminal Defense Lawyer Help Me?

If you’re facing extradition, your future may depend on the lawyer you choose. Broden & Mickelsen, LLP’s legal team includes board-certified specialists in both criminal law and criminal appellate law, certified by the Texas Board of Legal Specialization.

With over 60 years of combined criminal defense experience, we’ve handled numerous extradition proceedings involving both interstate and international extradition. Our firm provides the following and more:

  • Aggressive representation during extradition hearings
  • Strategic challenges to extradition requests
  • Detailed analysis of extradition treaties and relevant federal law
  • Negotiations with federal agencies and foreign authorities
  • Post-extradition planning and appeals, if needed

Whether you’re facing a request from a foreign government or another state, our extradition lawyers in Texas are prepared to act quickly and with your best possible outcome in mind. Let us evaluate your case and help you understand your options. Call Broden & Mickelsen, LLP now to speak with a skilled federal defense attorney.