International Extradition

Criminal investigations and prosecutions that cross geographical borders have become more common, as have international extraditions.

The term “international extradition” refers to the process of bringing a fugitive who has fled from the United States to avoid prosecution either before or after being released on bail. International extradition cases often involve challenging the authorities’ actions in the federal court system within two countries.

For an international extradition case, the process is often governed by federal treaties and statutes. The process for international extradition is exercised exclusively by the federal government. The states are not authorized to act independently because the extradition process must be negotiated through federal authorities. U.S. v. Rauscher, 119 U.S. 407, 7 S. Ct. 234, 30 L. Ed. 425 (1886).

Challenges to the legality of international extradition should be brought during the early stages of the case. In Lugo v. State, 2 So.3d 1, 21 (Fla. 2008), the court held that a challenge to a prisoner’s extradition from another country was procedurally barred because the accused failed to challenge the extradition at the trial level or on direct appeal.

An experienced attorney can challenge the extradition immediately after the detention begins. This article explains international extraditions to and from Florida.

Attorneys for International Extradition

The attorneys at Sammis Law Firm represent clients in the United States facing extradition to another country and those held in another country while awaiting extradition back to the United States.

Your criminal defense attorney needs to understand any extradition treaty between the United States and the foreign government and the applicable procedural rules.

Sometimes, a person might leave the United States without knowing they have been accused of a crime in Florida. When the person learns of the arrest warrant pending in Florida, fighting the charges can become more complicated if they live outside the United States.

We represent clients for serious criminal charges in both state and federal court.

Read more about our recent case result, in which we helped our client avoid being extradited from Florida to another state.

Call 813-250-0500 today.

International Extraditions Between the United States and Other Countries

Under 18 U.S.C. Section 3181, international extraditions involve the delivery of an individual from the country where he or she is currently located to the country requesting the extradition to face prosecution or serve a prison sentence.

Treaties between countries often govern the process of international extradition. In most cases, extradition from one country to another is granted only when a treaty allows it. The authorities also sometimes recognize exceptions to the extradition treaties.

As a general rule, a country will not extradite a person for an act it does not consider to be a crime within its own jurisdiction. For example, countries will not extradite a person for “political crimes.” Many countries will refuse to extradite any person who might be subject to the death penalty or torture in the requesting country.

In some countries, extradition does not apply to its own citizens or visitors for any reason.

Credit for Time Served While Awaiting Extradition to the U.S.

In Calafell v. State, 263 So. 3d 216 (Fla. 3d DCA 2019), the court considered whether a person should receive additional credit for time spent in custody in an Argentine jail awaiting extradition to Florida to face charges. Section § 921.161(1), Fla. Stat., provides:

“A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence.”

In Kronz v. State, 462 So.2d 450, 451 (Fla. 1985), the court held that although section 921.161(1) requires a trial judge to give credit for time served in Florida county jails pending disposition of criminal charges, it does not require awarding such credit for time spent in jails in other jurisdictions.

The court noted that “[t]he trial judge does, however, have the inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida. In this latter circumstance, the trial judge should consider the appropriateness of an award of credit for time served when the defendant was incarcerated in another state solely because of the Florida offense for which he or she is being sentenced.” Id.

How International Extradition Impacts the Adequate Oath Requirement

Under Florida law, an oath is only effective if the witness can be subjected to prosecution for perjury upon making a knowingly false statement. So what happens when a person testifies via satellite from outside the United States in a case pending in Florida?

Whether the adequate oath requirement is met depends on whether the person is subject to prosecution in another country for perjury when the oath is administered in that other country.

In addition to other requirements, to meet the adequate oath requirement it must be established that there exists an extradition treaty between the witness’s country and the United States and that such a treaty permits extradition for the crime of perjury.

This article was last updated on Friday, June 14, 2024.