International Extradition Criminal Lawyers
Federal Criminal Lawyers

located in Miami, Ft. Lauderdale, Denver, Washington D.C., Philadelphia and New York

Since the beginning of the 19th Century, the United States Government has used extradition treaties as the most common tool to return individuals accused of a crime in the United States who cannot be found in this country.  The treaties between the United States and the various foreign countries are radically different depending on the country and the particular criminal charge the defendant is facing in the United States.  In international criminal defense cases, you need the experience of an International Criminal Defense Attorney who has actually worked at the U.S.Embassy in many of these foreign countries and been involved in extradition proceedings.  Attorney Michael Youngs was an FBI Special Agent Attorney working on extradition cases throughout U.S. Embassies in Latin America and the Caribbean.  He was assigned to Bogota, Colombia, Panama City, Panama as well as a variety of locations throughout the Caribbean including Puerto Rico and the Dominican Republic during his 25 year career with the U.S.Government.  He is a fluent Spanish and Portuguese language speaker and can even communicate in the French language as well.  For the last ten years, he has aggressively defended individuals accused of committing federal and state crimes where in some cases prosecutors sought extradition of these individuals who were living in foreign countries. 

If you are accused of a federal crime or facing a prosecution in state court and expect to be extradited to the United States you should contact our office immediately at Youngs and Associates, telephone (800) 516-0005.  Attorney Michael Youngs is thoroughly versed in extradition procedures and is familiar with the investigative techniques as well as prosecutorial methods of obtaining extradition of both U.S. citizens and foreign nationals residing outside the United States who were accused of a Federal or State crime in the United States.

International criminal defense is extremely complicated involving not only the extradition laws of the United States but the laws of other foreign countries and treaties between these countries and the United States.  You need an experienced attorney from Youngs and Associates to assist you in your defense relating to a federal extradition proceeding and/or an international crime whether it be related to a major fraud scheme involving several countries or charges for drug trafficking, conspiracy, tax evasion and money laundering.  Michael Youngs has been involved in prosecutions and the defense of numerous individuals from the Dominican Republic, Colombia, Panama, Venezuela, El Salvador, Nicaragua, Costa Rica, Brazil and Mexico,.  In addition, he has both prosecuted and defended accused individuals from various other Central, South American and Caribbean countries.

In many instances, the Law Offices of Youngs and Associates can assist accused individuals who are non-U. S. citizens from Mexico, Central/South America, the Caribbean or Asia by arranging a plea bargain to a criminal charge where the defendant can serve his sentence in his native country whether it be in Colombia, Mexico, Brazil, Panama, the Dominican Republic or any other Latin American or Asian nation. 

Also, for those defendants who are currently incarcerated in state or federal prisons in the United States, we can negotiate on your behalf to possible arrange an international prisoner transfer to their country of origin where they can be closer to their family members.  In many instances, English language issues become a major problem for foreign prisoners incarcerated in the United States in both state and federal prisons.  We may be able to obtain a repatriation to your country of origin to serve out a sentence.  If you have already been incarcerated in a U.S. state or federal prison you should contact our office so that we can explore the possibility of an international prisoner transfer.  In some instances hardship international prison transfers can be arranged depending on the circumstances involved.

Additional details relating to extradition procedures for various federal and state crimes can be found in the following information.  The rules relating to international crimes and defense thereof as well as international extradition as seen in the following information below are very complicated.  That is why it is essential for you to contact the Law Offices of Youngs and Associates, International and Extradition Criminal Defense Attorneys because we have the knowledge and experience you need to aggressively defend you, and if possible, prevent extradition based on legal arguments.  Remember, that you have the right to be defended vigorously within the bounds of the law.  You need to take advantage of your rights, protect yourself, and seek the advice of experienced attorneys which you will find that the Law Offices of Youngs and Associates located in Miami, Ft. Lauderdale, Denver, Philadelphia, WashingtonD.C. and New York.

International extradition is the formal process by which a person found in one country is surrendered to another country for trial or punishment. The process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country. It differs considerably from interstate rendition, commonly referred to as interstate extradition, mandated by the Constitution, Art. 4, Sec. 2. Generally under United States law (18 U.S.C. � 3184), extradition may be granted only pursuant to a treaty. However, some countries grant extradition without a treaty. However, every such country requires an offer of reciprocity when extradition is accorded in the absence of a treaty. Further, the 1996 amendments to 18 U.S.C. 3181 and 3184 permit the United States to extradite, without regard to the existence of a treaty, persons (other than citizens, nationals or permanent residents of the United States), who have committed crimes of violence against nationals of the United States in foreign countries. A list of countries with which the United States has an extradition treaty relationship can be found in the Federal Criminal Code and Rules, following 18 U.S.C. � 3181.

Courts may require the government to request the extradition of a fugitive as soon as his or her location becomes known, unless the effort would be useless. If the decision is made to not seek extradition in a particular case, the prosecutor  will make a record to document why extradition was not possible in the event of a subsequent Speedy Trial challenge.

Every extradition treaty to which the United States is a party requires a formal request for extradition, supported by appropriate documents. Because the time involved in preparing a formal request can be lengthy, most treaties allow for the provisional arrest of fugitives in urgent cases. Once the United States requests provisional arrest pursuant to the treaty, the fugitive will be arrested and detained (or, in some countries, released on bail) as soon as he or she is located. Thereafter, the United States must submit a formal request for extradition, supported by all necessary documents, duly certified, authenticated and translated into the language of the country where the fugitive was arrested, within a specified time (from 30 days to three months, depending on the treaty).Failure to follow through on an extradition request by submitting the requisite documents after a provisional arrest has been made will result in release of the fugitive, strains on diplomatic relations, and possible liability for the prosecutor.

The U.S. Department of Justice (DOJ)determines whether the facts meet the requirement of urgency under the terms of the applicable treaty. If they do, DOJ requests provisional arrest; if not, the prosecutor assembles the documents for a formal request. The latter method is favored when the defendant is unlikely to flee because the time pressures generated by a request for provisional arrests often result in errors that can damage the case. If provisional arrest is necessary because of the risk of flight, the prosecutor will usually complete the form for requesting provisional arrest and forward it, along with a copy of the charging document and arrest warrant, to DOJ. State prosecutors who request provisional arrest must also certify that the necessary documents will be submitted on time and that all expenses, including the cost of transportation by United States Marshals, will be covered. Prosecutors will complete the form in any case in which it appears that provisional arrest may be necessary.

The request for extradition is made by diplomatic note prepared by the Department of State and transmitted to the foreign government through diplomatic channels. It must be accompanied by the documents specified in the treaty. Although every treaty varies, all generally require:

           1)An affidavit from the prosecutor explaining the facts of the case.

2)Copies of the statutes alleged to have been violated and the statute of limitations.

        3) If the fugitive has not been convicted, certified copies of the arrest warrant and complaint or indictment.

      4)Evidence, in the form of affidavits or grand jury transcripts, establishing that the crime was committed, including sufficient evidence (i.e., photograph, fingerprints, and affidavit of identifying witness) to establish the defendant's identity. If a fugitive has been convicted, a certified copy of the order of judgment and committal establishing the conviction, an affidavit stating the sentence was not or was only partially served and the amount of time remaining to be served, and evidence concerning identity.

Prosecutors are aware that there are few workable defenses to extradition, although appeals and delays are common. Fugitives, however, may be able to contest extradition on the basis of minor inconsistencies resulting from clerical or typographical errors. Although these can be remedied eventually, they take time to untangle. After assembling the documents required in support of extradition, the prosecutor will review them carefully to ensure that all dates and charges mentioned in the affidavit and accompanying exhibits are consistent.

Unless told that the foreign country will require a different number of copies of the documents, the prosecutor will forward the documents to DOJ. Attorneys at DOJ review the package for completeness and send a copy to the Department of State for translation, which can take three weeks even for common languages.

The Department of State will send the extradition documents and the translation to the American Embassy in the foreign country, which will present them under cover of a diplomatic note formally requesting extradition to the appropriate agency of the foreign government, usually the foreign ministry. The request and supporting documents are then forwarded to the court or other body responsible for determining whether the requirements of the treaty and the country's domestic law have been met.

In general, the foreign government's decision on a U.S. extradition request is based on the request itself and any evidence presented by the fugitive. Because the American prosecutor will not have the opportunity to appear before the foreign court, the written submission, particularly the prosecutor's affidavit, must be as persuasive as possible. This is particularly essential when the charges are based on statutes unique to United States law, such as RICO or CCE.

Though factual defenses to extradition are limited, the fugitive may delay a decision through procedural challenges. The determination of extraditability is often subject to review or appeal. Prediction of the time required to return an individual to the United States is difficult and depends on the circumstances of the individual case and the practice of the foreign country involved.

Once the foreign authorities notify the American Embassy that the fugitive is ready to be surrendered, DOJ informs the prosecutor and arranges with the United States Marshals Service for agents to escort the fugitive to the United States. United States Marshals must provide the escort even in a State case. However, in rare cases arrangements are sometimes made for State or other federal law enforcement agents to accompany the U.S. Marshals. If the fugitive is an alien, DOJ will ask the INS to issue a "parole letter" authorizing the alien to enter the country.

Every extradition treaty limits extradition to certain offenses. As a corollary, all extradition treaties restrict prosecution or punishment of the fugitive to the offense for which extradition was granted unless (1) the offense was committed after the fugitive's extradition or (2) the fugitive remains in the jurisdiction after expiration of a "reasonable time" (generally specified in the extradition treaty itself) following completion of his punishment. This limitation is referred to as the Rule of Specialty. Prosecutors who wish to proceed against an extradited person on charges other than those for which extradition was granted must contact the DOJ for guidance regarding the availability of a waiver of the Rule by the sending State.

Frequently, defendants who have been extradited to the United States attempt to dismiss or limit the government's case against them by invoking the Rule of Specialty. There is a split in the courts on whether the defendant has standing to raise specialty: some courts hold that only a party to the Treaty (i.e., the sending State) may complain about an alleged violation of the specialty provision, other courts allow the defendant to raise the issue on his own behalf, and other courts take a middle position and allow the defendant to raise the issue if it is likely that the sending State would complain as well. Whenever a defendant raises a specialty claim, the prosecutor will contact DOJ for assistance in responding.

Defendants also occasionally make other substantive or procedural challenges to their extradition. It is impossible to anticipate all the creative challenges that may be devised.  That is why you need an experienced defense attorney in these matters.

A fugitive may be non-extraditable for any number of reasons, including but not limited to instances where he or she is a national of the country of refuge, the crime is not an extraditable offense, the statute of limitations has run in the foreign country, or extradition was requested and denied. If the fugitive is not a national or lawful resident of the country in which he or she is located, DOJ, through the Department of State or other channels, may ask that country to deport or expel the fugitive.

In United States v. Alvarez-Machain, 504 U.S. 655 (1992), the Supreme Court ruled that a court has jurisdiction to try a criminal defendant even if the defendant was abducted from a foreign country against his or her will by United States agents. Though this decision reaffirmed the long-standing proposition that personal jurisdiction is not affected by claims of abuse in the process by which the defendant is brought before the court, it sparked concerns about potential abuse of foreign sovereignty and territorial integrity.

Due to the sensitivity of abducting defendants from a foreign country, prosecutors may not take steps to secure custody over persons outside the United States (by government agents or the use of private persons, like bounty hunters or private investigators) by means of Alvarez-Machain type renditions without advance approval by the Department of Justice. Prosecutors must notify the DOJ before they undertake any such operation. If a prosecutor anticipates the return of a defendant, with the cooperation of the sending State and by a means other than an Alvarez-Machain type rendition, and that the defendant may claim that his return was illegal, the prosecutor must consult with DOJ before such return.

If the fugitive travels outside the country from which he or she is not extraditable, it may be possible to request his or her extradition from another country. This method is often used for fugitives who are citizens in their country of refuge. Some countries, however, will not permit extradition if the defendant has been lured into their territory. Such ruses may also cause foreign relations problems with both the countries from which and to which the lure takes place. Prosecutors must notify DOJ before pursuing any scenario involving an undercover or other operation to lure a fugitive into a country for law enforcement purposes (extradition, deportation, prosecution).

A lure involves using a subterfuge to entice a criminal defendant to leave a foreign country so that he or she can be arrested in the United States, in international waters or airspace, or in a third country for subsequent extradition, expulsion, or deportation to the United States. Lures can be complicated schemes or they can be as simple as inviting a fugitive by telephone to a party in the United States. As noted above, some countries will not extradite a person to the United States if the person's presence in that country was obtained through the use of a lure or other ruse. In addition, some countries may view a lure of a person from its territory as an infringement on its sovereignty.

An Interpol Red Notice is the closest instrument to an international arrest warrant in use today. If a Red Notice is issued, the prosecutor's office is obligated to do whatever work is required to produce the necessary extradition documents within the time limits prescribed by the controlling extradition treaty whenever and wherever the fugitive is arrested. Further, the prosecutor's office is obliged to pay the expenses pursuant to the controlling treaty.

The Department of State may revoke the passport of a person who is the subject of an outstanding Federal warrant. Revocation of the passport can result in loss of the fugitive's lawful residence status, which may lead to his or her deportation. If the fugitive is wanted on State charges only, it will be necessary to obtain a warrant on a UFAP complaint because the Department of State is only authorized to revoke the passports of persons named in Federal warrants.

If the fugitive has taken refuge in the country of which he or she is a national, and is thereby not extraditable, it may be possible to ask that country to prosecute the individual for the crime that was committed in the United States. This can be an expensive and time consuming process and in some countries domestic prosecution is limited to certain specified offenses. In addition, a request for domestic prosecution in a particular case may conflict with U.S. law enforcement efforts to change the "non-extradition of nationals" law or policy in the foreign country.

Foreign requests for extradition of fugitives from the United States are ordinarily submitted by the embassy of the country making the request to the Department of State, which reviews and forwards them to DOJ. The requests are of two types: formal requisitions supported by all documents required under the applicable treaty, or requests for provisional arrest. (Requests for provisional arrest may be received directly by the Department of Justice if the treaty permits. When DOJ receives a foreign extradition request, in summary, the following occurs:

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