Long Island Extradition Lawyer

Extradition Attorney in Long Island, NY

Facing the threat of extradition can leave you feeling anxious about your future. Regardless of the charges leading to extradition, you have rights that must be upheld during the process. A Long Island extradition lawyer can ensure that you’re treated fairly and that the extradition process is handled correctly.

Hire an Extradition Lawyer

At the Law Office of Jonathan Savella, we believe every client deserves a strong defense from a compassionate attorney. Since 2010, Jonathan Savella has helped New York residents facing the threat of extradition. You have the right to consult with an extradition lawyer before your extradition hearing and to be represented during the hearing. Not all crimes qualify for extradition. Our criminal defense team can review your case and determine the legality of the extradition.

New York State Jail System

When an individual is arrested and faces extradition, they are housed in the jail system awaiting an outcome. The New York Supreme Court or local county courts handle felony extradition cases in Long Island. District courts handle misdemeanor extradition cases. The Division of Criminal Justice Services for New York State tracks jail populations. For 2024:

• 16,593 total inmates
• 56 awaiting civil processes
• 12,351 awaiting arraignments, trials, or sentencing

Although individuals awaiting extradition are not specifically classified, they should be held in the jail system while awaiting their initial hearing and, if the extradition is approved, while waiting to be moved.

Overview of the International Extradition Process

International extradition is the process of transferring a fugitive from one country to another. The United States has extradition treaties with many countries and territories. The extradition process consists of several steps, including:

• The U.S. Department of State (DOS) receives a request from a country that has an extradition treaty with the United States.
• The DOS reviews the request for extradition to determine if it meets specific requirements. Requirements include:
  • Is the offense extraditable?
  • Would extradition raise foreign policy concerns?
• If the requirements are met, the DOJ’s Office of Internal Affairs requests a hearing in a federal district court.
• At the hearing, the fugitive has the opportunity to present evidence against the legality of the extradition. The judge makes a final ruling.

Overview of the Interstate Extradition Process

When a person is charged with a crime in one state but flees to another state before the charges can be brought, they become a fugitive. Each state has an obligation under federal law to return the fugitive to face charges. The stages of an interstate extradition include the following:

• An arrest warrant is issued by the state where the fugitive fled. Other states can see these arrest warrants and apprehend fugitives during routine police activities. The state that issued the warrant is notified of the fugitive’s capture.
• The governor of the state requesting extradition must file a formal request and an arrest warrant for the fugitive.
• An extradition hearing is then scheduled to determine whether there is sufficient evidence to extradite the fugitive to the requesting state.

How an Extradition Attorney Can Help

There are several benefits to having an experienced extradition attorney when facing the possibility of being extradited either to another state or to another country. An attorney can review your case and argue that there are insufficient legal grounds to warrant an extradition.

There are some common defenses that extradition attorneys can argue during the extradition hearing. In New York, extradition court judges recommend having legal counsel present during the extradition hearing to ensure that defendants fully understand their rights and can make informed decisions. Common defenses include:

• Lack of evidence
• Statute of limitations
• Double jeopardy
• Dual criminality
• Political offenses
• Human rights issues
• Mistaken identity

FAQs

Does New York Extradite?

Yes, New York follows state and federal extradition guidelines. For international extraditions, if the country requesting the extradition has an extradition treaty with the U.S., then New York recognizes that extradition. For extradition between states, New York extradites cases involving felonies or serious misdemeanors. The governor requesting the extradition of the individual must file a formal request and an arrest warrant.

How Hard Is It to Fight Extradition in New York?

It can be very hard to fight an extradition order in New York, depending on the facts of your case. It is possible to stop an extradition if you can prove you are not the person they are actually looking to extradite. You could also argue that you are legally not a fugitive, that there are legal insufficiencies in the case, or directly challenge the charge. Not all crimes qualify for extradition.

Who Pays the Expenses for an Interstate Extradition?

Depending on the circumstances of the extradition, the party responsible for paying varies. Generally, the county that requested the extradition pays. If the extradition was initiated by the Attorney General, then the county where the crime was committed pays. If bail or probation was broken, the county where they were registered pays. If the extradition is in response to an escape, the county where the escape occurred pays.

What Is the Burden of Proof in an Extradition Hearing?

Regardless of the charges that initiated the extradition hearing, the hearing itself is a civil matter and is not held to the criminal standard of beyond a reasonable doubt. Instead, extradition hearing judges determine if the evidence is convincing enough to sustain the charge. If a judge does find sufficient evidence to hold the fugitive, there is no right to an appeal. Instead, the fugitive has to file a writ of habeas corpus.

What Are the Two Types of International Extradition Treaties?

The two types of international extradition treaties are list treaties and dual criminality treaties. Both treaties involve two countries that agree to extradite accused parties, but differ on how extraditable offenses are determined. List treaties consist of a list of offenses that can lead to extradition. Dual criminality treaties do not have a list. Instead, any offense that is illegal in both countries is considered extraditable.

Contact Jonathan Savella, Attorney at Law

The extradition process can be complex and differs between states. If you are facing the threat of extradition, you need to hire an extradition lawyer who has experience in state and federal courts. Contact the Law Office of Jonathan Savella today to schedule your consultation.