Extradition
In an extradition, one government asks another government to arrest someone accused of a crime in the second jurisdiction and turn him or her over for prosecution. For example, someone accused of a crime in Colombia (or California) may be extradited by authorities in Miami, who may arrest and detain the person and eventually send that person to Bogota (or Los Angeles). Extradition happens between states here in the United States as well as between nations, but the processes for each can be very different. Defendants in the United States have the right to fight extradition, and the criminal defense law firm of
Balliro defends clients aggressively against both interstate and international extraditions. As South Florida extradition defense attorneys, we can handle extradition cases involving Colombia, Mexico, Jamaica, Peru, Costa Rica, Panama and other countries with high extradition rates to the U.S., as well as extraditions between U.S. states both to and from Florida.
Extradition between states is governed by the U.S. Constitution. All U.S. states must turn over suspects to authorities in other states who request it -- although states may make their own procedures for handling extradition cases. In Florida, people set for extradition to another state have the right to bail in many cases, and may fight extradition on several grounds, including:
- Identity -- the other state must be able to show that the arrested person truly is the person it is looking for.
- The arrest must be legal.
- The documents supporting the extradition request must be in order.
- Any pending criminal case against the person in Florida may be heard first.
Those who don't wish to fight extradition can still benefit from the help of a Fort Lauderdale extradition defense attorney. In some cases, Balliro may be able to negotiate with prosecutors in the other state to resolve the charges without sending you to that state. If you are sentenced to parole or juvenile detention, we may be able to convince prosecutors to allow you to serve it in Florida rather than the original state, allowing you to avoid disruptions to your job, your family and your life.
Extradition between nations can be more complicated, because it is governed by treaties between the U.S. and each individual country. (If there is no treaty -- or if the treaty hasn't been enforced in decades, as with Cuba -- there is no extradition.) Federal courts handle international extradition hearings. As with extraditions between states, the accused has the right to defend against the extradition at a hearing. Defenses to international extradition include:
- Mistaken identity.
- The alleged crime does not meet the requirements of the treaty.
- The alleged crime is not a crime in both countries.
- There is not enough probable cause to show that a crime was committed.
- The alleged crime is a political crime. The United States and other countries may refuse to extradite people considered political prisoners.
- The penalty faced by the accused. Some countries will not release citizens to countries where they face the death penalty, torture or another penalty not practiced in their country.
At Balliro, we prefer to get involved in extradition cases as soon as possible. Extradition almost always means at least some time in jail, even for nonviolent offenses like failure to pay child support. If the case is complicated, it can mean weeks or months in jail while the courts sort out the many issues surrounding an extradition. The first goal for our Miami-Dade extradition criminal defense attorneys is to get our clients out of custody and back with their families and jobs whenever possible. The next goal is to get our clients the best possible outcome to the extradition and underlying case, whether that means fighting extradition or negotiating with prosecutors to settle the charges quickly and with minimal disruption to your life.
At Balliro, our team of former public defenders and prosecutors has more than a decade of experience in Florida criminal defense law. We understand how prosecutors build their cases, and we will put that experience to work for clients by finding weaknesses and mistakes that can destroy the case against our clients. Our Fort Lauderdale extradition defense attorneys know criminal trouble happens at all times, not just during business hours, so we make sure we're available to clients and potential clients 24 hours a day and seven days a week. And with seven offices from Miami to Fort Lauderdale to West Palm Beach, we can also be wherever you need us.
If you or a loved one is fighting extradition to or from Florida, Balliro can help. To set up a free, confidential consultation, please contact us through our Web site or call toll-free at 1-866-ARRESTED from anywhere within Florida.


