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Extradition Laws

Extradition occurs when one country or state allows an individual to be removed from its hold to be returned to another country or state that has a warrant for the person's arrest. Extradition generally happens when a person flees from law enforcement with the intention to avoid going to jail and is caught outside his home jurisdiction. Many countries have extradition treaties which allow for each country to retrieve criminals who flee from their homeland to avoid prosecution. In some situations where two countries don't have this type of treaty, a person may still face extradition. If you would like to learn more about extradition, take a look at the questions below that have been answered by Experts.

Does Kuwait have extradition treaties with the UAE that would include major traffic offenses or violations?

Kuwait doesn't have an extradition treaty with the UAE. However, when Kuwait receives an extradition request, it is usually based on serious criminal offenses. When a country that has no extradition treaty with Kuwait requests an extradition, Kuwait will first determine the facts of the case and decide whether there is ample evidence to show cause of an extradition. If there is sufficient evidence, the Minister of Justice will speak with the courts and work towards the extradition based on the seriousness of the offense. So, yes, it is possible for Kuwait to extradite a person to a country that has no extradition treaty in place.

Is there an extradition treaty between the United States and France? Can a U.S. citizen be extradited to France?

There is an extradition treaty between the United States and France. However, this doesn't mean that either country has to oblige the extradition request for a national of the other country. Usually, before the United States would allow an extradition to France, France would have to provide tangible evidence that the person has committed a crime. It would probably require murder or other crime of the same caliber to ensure extradition.

What crimes in Philippines are susceptible to extradition to the US?

The nature and severity of the crime would determine whether the person would be extradited. The extradition treaty between the United States and the Philippines doesn't provide a specific list of crimes that would warrant extradition. However the treaty does state that if the crime is punishable in both countries and would result in at least one year imprisonment or relate to capital punishment, the extradition would be permitted in both countries.

What states will not allow extradition on a class B misdemeanor of harassment?

Every state will permit extradition for a Class B Misdemeanor. It will be up to the state that carries the warrant for the person to arrange pick up and delivery. There are no restrictions within the United States for extradition. Generally, extradition will depend on the county and whether or not it can afford to transport the prisoner from where they are being detained. If you are arrested, the arresting department has to detain you and allow the other state a chance to come for you. Regardless of whether you are extradited, you will be detained for several weeks. Whether or not you are picked up will depend on the county seeking you.

What law allows private extradition officers working for privately owned companies to carry loaded, unconcealed firearms across state lines?

Private extradition officers who work for the Federal Bureau of prisons work under federal law enforcement authority and may carry guns from state to state. If the person is a private citizen who has been contracted to transport or extradite across state lines, they must comply with each states weapons laws. Usually, if the person hired to extradite is a retired law enforcement officer, they generally have the right to carry a gun across state lines.

Being extradited can be a long tiring process. There are certain questions that arise when a person deals with an extradition. If you or someone you know are facing an extradition or have questions about extradition, you should ask an Expert to assist you with the best possible solution for your individual situation.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
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