Extradition Defense
Tampa Federal Criminal Defense for Foreign Nationals
Linda Friedman Ramirez, P.A., has worked with clients facing extradition from the U.S. in a variety of capacities.
Extradition and federal criminal defense can become complicated by multiple issues from other areas of law. Clients are encouraged to contact Ms. Ramirez as soon as possible—working with an attorney during investigative proceedings often provides a measurable advantage that can make the difference in evidence obtained, successful avoidance of extradition and avoiding jail time.
She represents clients with matters including the admissibility of foreign evidence, the application of specific treaties, and the legality of transnational prosecution under U.S. and international laws or human rights concerns. Immigrants lawfully in the United States or undertaking the immigration process in the U.S. require special attention when charged with federal crimes, too. Certain offenses—even if no jail is imposed, —can ruin a foreign national’s opportunity to stay in the United States.
Her ability to assist foreign national clients in Federal and Florida state courts relies on nearly thirty years of experience. She has contributed to thought leadership in the area of expert representation of foreign nationals with numerous published decisions, several legal articles, a book, and her regularly updated blog. Her article, "Evolving Extradition, Extradition Defense in the 21st Century", has been published in the September-October 2009 issue of the Champion magazine.
About Extradition
Foreign nationals who are arrested for extradition in Tampa, Hillsborough, Pinellas, or other parts of Florida are subject to the relevant extradition treaty between the United States and the requesting country, The extradition of an alleged criminal from within the United States to a foreign country is also governed by US federal law and 18 USC 3184 et seq, as well as principles of customary international law.
Extradition Law Basics for Requests from Abroad.
An American or foreign national can be arrested in the United States based on an extradition request from abroad.
Referral to Department of Justice
The requesting country will most likely have initiated the extradition by sending a diplomatic request, through its embassy, to the U.S. State Department. The requests are of two types: formal requisitions supported by all documents required under the applicable treaty, or requests for provisional arrest. The Department of State reviews foreign extradition demands to identify any potential foreign policy problems, to ensure that there is a treaty in force between the United States and the country making the request, and to confirm that the crime or crimes are extraditable offenses. If the request is in proper order, an attorney in the State Department’s Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty, and forwards it with the original request to the Department of Justice Office of International Affairs (OIA). In the event OIA finds the request sufficient, the matter will be assigned to the appropriate U.S. Attorney’s office.
Provisional Arrest
The law provides for provisional arrest before a formal extradition request has been received. Although the provisional arrest is made pursuant to the terms of the extradition treaty, there is persuasive authority that such a seizure must comply with constitutional requirement of probable cause. The probable cause determination however, will be limited to the existence of a foreign warrant. There is a strong presumption against the defendant’s release, although the defendant can rebut the presumption on the basis of "special circumstances." At the defendant’s arraignment, the requesting country will be given a limited time to submit the formal extradition request supported by all necessary documents. The original documents must be authenticated by the U.S. State Department, and translated into English. The treaty will specify the amount of time for the requesting government to transmit the formal extradition request with documentation, typically from 30 days to three months.
Extradition Hearing
Once a defendant has been arrested on the Complaint, a hearing will be scheduled for the purpose of ascertaining whether the evidence is sufficient to sustain the charge under the provisions of the applicable treaty. The court’s determination will generally involve a five-part test 1) whether there is an extradition treaty in place; 2) whether the person in custody is the person being sought; 3) whether the defendant has been charged with an offense that falls within the treaty; 4) whether there is dual criminality; and 5) whether there is probable cause to believe that a crime was committed. The issue of probable cause is likely to be the primary focus of the hearing. At the conclusion of the proceeding, if the magistrate deems the evidence sufficient to sustain the charge under the terms of the treaty, the court will certify this finding to the Secretary of State as required pursuant to 18 U.S.C. § 3184. The court can choose to certify
Extraditable Offense
The court must first determine if the alleged offense is either "enumerated among the extraditable offenses or found according to the formula for ascertaining extraditability in the applicable treaty. As an example, tax crimes were traditionally excluded from offenses that states made extraditable through either an explicit provision or by omission from the list of extraditable offenses. In an ambiguous case, a more liberal construction of the treaty is likely to be accepted by the court. "Extradition treaties are to be construed liberally to effect their purpose, i.e., the surrender of fugitives to be tried for their alleged offenses."
Federal Criminal Defense Attorney Partnerships
Ms. Ramirez focuses much of her practice on foreign evidence rules—how foreign evidence may be obtained and presented in U.S. courts and how these rules interact with other elements of U.S. federal criminal law. Ms. Ramirez welcomes inquiries about of-counsel partnerships with criminal defense lawyers as well as immigration attorneys.
