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Miami Criminal Defense > Miami & Florida Criminal Defense FAQ Videos > If an American is convicted of a crime in a foreign country, can they serve the sentence in an American prison?

If an American is convicted of a crime in a foreign country, can they serve the sentence in an American prison?


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Video Transcription

For the past 41 years, I have practiced international criminal law as well as the domestic criminal law. In those cases, I’ve often found American citizens accused of crimes abroad who are convicted and sentenced to serve time. The United States has entered into agreements or treaties with foreign countries, not all, but many foreign countries, that allows Americans to be transferred back to the United States to serve part of their sentences and it’s the same way if a foreign citizen is convicted here in the United States, they can often be transferred back to their home country to serve out their sentences, not all, but usually after half the time is served here, they can be sent back to their home country.

It requires the approval of the prosecutors here, it requires approval of the country where the person is a citizen, and definitely the advice and counsel and representation of experienced criminal defense lawyers who understand how this works to facilitate the process.

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