If you are in another country, a criminal investigation occurring in the United States may not concern you as much as it should – that is, until you learn that law enforcement in the U.S is seeking to extradite you from your current country so that you can stand trial for the suspected crimes. If this happens, it is imperative that you are represented by a highly experienced Miami international extradition attorney who knows how to protect your rights and obtain the most favorable outcome possible in your situation.
In many cases, if the country in which you are residing is cooperating with the United States regarding the extradition, you may be arrested and may spend a substantial amount of time in jail in that country before extradition ever occurs. Once the extradition process begins, it can involve a significant amount of paperwork, man-hours by busy prosecutors, and additional complications that can delay the process. While you do not necessarily want months or years of your life wasted waiting for extradition to occur, an attorney who is actively representing you can make the most of this time to determine the best course of action in your case.
Attorney Jeffrey S. Weiner has personally handled international extradition cases in courts across the country, including hearings before U.S. magistrate judges and appeals in the U.S. Circuit Courts of Appeal, so clients get a lawyer who has actually stood in front of the judges who decide these cases.
Our attorneys have tried cases in more than 25 states and argued before the Florida Supreme Court and the United States Supreme Court. Wherever your case stands right now, we've likely stood there before — with a client's freedom on the line.
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Extradition is the formal legal process a foreign country uses to hand you over to face charges, or serve a sentence, in the United States. Under 18 U.S.C. § 3184, a federal magistrate judge, a federal district judge, or a state judge of general jurisdiction can issue a warrant once a valid treaty covers the crime you are charged with. In Miami, this kind of case is typically filed in the U.S. District Court for the Southern District of Florida.
The extradition hearing that follows is not a trial. The judge only decides whether there is probable cause to believe you committed the crime named in the foreign request. The formal rules of evidence used at a criminal trial do not strictly apply, so the government can rely on affidavits, depositions, and written summaries of its case. Most personal defenses, such as an alibi or a mental health claim, cannot be raised at this stage.
If the judge finds the evidence sufficient, the case is certified to the U.S. Secretary of State. Under 18 U.S.C. § 3186, the final decision on whether to actually surrender you belongs to the Secretary of State, not the court. This is one more reason to involve an experienced attorney early, since there may still be ways to raise concerns with the State Department even after a judge certifies a case.
Extradition can only happen if the United States has a treaty with the country involved, or in the narrow situations described in 18 U.S.C. § 3181(b). According to the Department of State’s Treaties in Force publication, the United States has extradition treaties with over 100 countries. A number of countries, including China and Russia, have no extradition treaty with the United States at all, though they can still choose to cooperate through diplomatic channels on a case by case basis.
Most treaties require what is called dual criminality. This means the conduct you are accused of must be a crime in both the United States and the country where you are found, not just one of them. Treaties also commonly include a political offense exception, which can block extradition for conduct tied to political activity rather than an ordinary crime.
Once you are surrendered to face charges, the rule of specialty generally limits prosecutors to the specific crime named in the extradition request. This rule can matter a great deal if prosecutors later try to add charges that were not part of the original request.
If a foreign government is seeking your extradition to the United States, or a family member has been notified of extradition proceedings, call Jeffrey S. Weiner, P.A. at 305-670-9919 for a confidential consultation.
If your extradition is delayed, your attorney can engage in intense discovery of the case and evidence that is potentially against you.
Questions that arise will include:
This is only some of the information your attorney can seek out while you wait for extradition. In addition, your attorney will ensure that all requirements are met for extradition and will identify if any procedural defects can help to avoid extradition.
Bail works differently in an extradition case than in an ordinary criminal case. The Bail Reform Act, which normally favors release while a case is pending, does not apply to fugitives facing extradition. Instead, courts follow the rule set out by the U.S. Supreme Court in Wright v. Henkel, 190 U.S. 40 (1903): there is a presumption against bail, and a judge can grant it only if you show special circumstances.
Simply arguing that you are not a flight risk is usually not enough by itself to count as a special circumstance. Courts have found special circumstances in cases involving serious medical needs, unusual delay in the proceedings, or other facts unique to the case. Because the standard is demanding and varies from court to court, having an attorney build the strongest possible record for bail early in the case matters.
If you or a loved one has been arrested abroad in connection with a U.S. criminal case, the U.S. Department of State can offer limited help. According to the State Department’s guidance on arrest or detention abroad, consular officers can check on your welfare, notify family, and give you a list of local attorneys. They cannot act as your lawyer, give legal advice, represent you in court, or pay your legal fees.
Because of this gap, most people facing extradition need two lawyers working together: local counsel in the country where they were arrested, and a U.S. attorney who understands how the treaty, the U.S. charges, and the domestic court process fit together. A U.S. attorney can also negotiate directly with the prosecutors who brought the original charges, which can sometimes narrow or resolve the case before extradition is ever completed.
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A federal or state judge can issue a warrant under 18 U.S.C. § 3184 once a valid treaty covers the crime you are charged with.
It is rare, but the United States and the other country can still choose to cooperate through diplomatic channels on a case by case basis.
No. The judge only decides whether there is probable cause to certify your case, not whether you are guilty.
Only if you show special circumstances under Wright v. Henkel, since bail is not the norm in extradition cases.
It can check on your welfare and give you a list of local lawyers, but it cannot represent you or pay your legal fees.
It generally limits prosecutors to the specific crime named in the extradition request once you are surrendered.
It varies widely, from months to years, depending on the treaty, the foreign court system, and any appeals filed.
Yes. A U.S. extradition attorney can work with your local counsel and negotiate with the prosecutors who filed the original charges.
Extradition cases move fast once they start, and the decisions made in the first few days often shape everything that follows. Whether you are facing extradition to the United States, fighting a foreign arrest tied to a U.S. investigation, or trying to help a family member who is stuck in this process, the details matter: which treaty applies, whether dual criminality is met, whether special circumstances exist for bail, and whether the government has followed its own procedures.
Jeffrey S. Weiner, P.A. has represented clients in international extradition matters for decades, with experience before U.S. magistrate judges, U.S. District Courts, and the federal circuit courts of appeal. That background means the firm knows how these cases are actually argued and won, not just how the process works on paper..
Facing extradition, or representing a family member who is? Contact Jeffrey S. Weiner, P.A. at 305-670-9919 for a confidential consultation about your international criminal case.
You may call our office 24 hours a day, 7 days a week. We are always ready to consult with you, whether
by telephone consultation, a meeting in our office, or a visit if you are incarcerated. All communications
are confidential and protected by the attorney-client privilege.
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