Interpol Red Notices and Extradition
Master the intricacies of Interpol Red Notices and extradition matters with Amicus.
Extradition is a process where the government brings fugitives or people who violated the law back to face the charges. There will be Interpol Red Notices containing the list of personalities. Negotiating to waive the extradition is a complicated task. Contact Amicus International Consulting today for a FREE case evaluation.
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How to handle Interpol Red Notices and Extradition Treaties.
A red notice is a request from Interpol to law enforcement agencies worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
In international law, extradition is the process by which one state, upon the request of another, affects the return of a person for trial for a crime punishable by the laws of the requesting state and committed outside the state of refuge.
Typically, there is an ongoing extradition treaty between countries. However, this doesn’t always guarantee a harmonious negotiation.
At Amicus International Consulting, we have experience in dealing with both Interpol Red Notices and Extradition matters. Our experts are ready to negotiate your circumstances for a favourable outcome.
Why Choose Amicus International Consulting?
Extradition is a formal request sent by the government of one country to another. Specific documents and evidence need to be processed and submitted to prove the innocence or guilt of the person of interest.
The court will decide whether the person should be extradited.
Then the case will be brought to the State Department and the Secretary of State. Extradition is a complicated process. To show that the extradited person is innocent or ensure their safety, you need to have in-depth knowledge of international law.
At Amicus International Consulting, we have experienced international lawyers that can help negotiate your claims and ensure your safety. Contact us today for a free consultation!
How the US Extradition Process Works
Extradite a person to the U.S.
The state or federal prosecutor will review the case. If approved, the Justice Department will decide if the case has merit. Then, it will pass through the State Department to the U.S. embassy. It will be sent to the country where the person of interest is staying.
Extradite a person from the U.S.
The requesting country should submit the request along with the subject, crime, and evidence to the U.S. State Department. The Justice Department will review the case. If approved, a warrant will be obtained. The person of interest will be arrested and face a federal judge. The judge will review and decide if the person should be extradited. The State Department and Secretary of State will always have the last say in the matter.
FAQs about Extradition
An individual who is wanted for prosecution or to serve a sentence following a conviction for a criminal offense may be subject to international extradition. It is a legal process by which one country (called the requesting country) may seek the surrender of the person of interest from another country (called the requested country). In the United States, international extradition is governed by treaties. This means that for the U.S. to consider an extradition request from another country, the U.S. and the requesting country must have a bilateral extradition treaty. However, you need to keep in mind that not all countries have an extradition treaty with the U.S. and each other.
The extradition process differs from country to country. Extradition comprises a judicial and executive phase. After a person is located and arrested, the matter goes to court.
During the judicial step, a judge determines whether the extradition request fits treaty and national standards. If so, a judge will decide on extradition. If the judicial authority rules that the person may be extradited, the case enters the executive phase.
The executive phase is where the executive authority of the requested country decides whether the requested country will extradite the wanted person. If so, the executive may order surrender. Depending on the nation, both the court verdict and executive decision to surrender the desired individual may be appealed.
One of the reasons why not all countries have a bilateral extradition treaty is that the laws, such as common law and civil code systems, are different from other countries laws regarding prosecuting wanted criminals. For example, France, with the Civil Code system, will prosecute their citizens in a French court without any regard to where the offense took place.
Even close countries with an extradition treaty sometimes do not expedite their citizens unless both parties agree to the negotiation. For example, Canada and the U.S. The Canadian government will not extradite the offender unless the U.S. government agrees not to seek the death penalty for the offender.
Yes, extradition and all the rulings the judge made including the bail detention order and the Minister's order to surrender the offender, may be appealed. The person of interest or the wanted criminal cannot be extradited until the Court of Appeals gives its final ruling and decision. This includes the extradition hearing or the minister's order.
Interpol red notices and extradition is a complicated process. You need the knowledge and experience in international law in order to properly negotiate your case and circumstances. Working with the right people and lawyers is necessary. Contact Amicus International Consulting at info@amicusint.com for a free case evaluation.
A private individual cannot request an international extradition request. Only the prosecuting authorities can request an international extradition request. When a charge has been brought to the office of the prosecuting office, the court will issue a warrant of arrest. For example, when a person is wanted for a crime in the United States, the Office of International Affairs will collaborate with the prosecutor to draft an extradition request that will be sent to another nation. The request is sent to the other nation by the State Department via the appropriate diplomatic channels.
The whole extradition process can take a couple of months to several years to be completed. The U.S. collaborates with the authorities of other countries to track down the wanted person and submits an extradition request. The case of the extradition is dealt with by the court from the requested country. After the request for extradition has been sent to the requested country's government, the U.S. no longer has no control over the duration and pace of the court proceedings.
Even if there are no complications in the extradition hearings, it will still take several months to years for the extradition process to be completed and for the courts to decide a ruling. Contact Amicus to see what we can do for your case.
Every extradition treaty in each country has different exceptions. Most of them include the following:
- Political Offense: Includes treason, espionage, and other politically motivated crimes.
- Nationality: Many nations don't want to extradite their citizens.
- Prior Proceedings (non bis in idem): If the person is already convicted in the requested country.
- Capital Offense: There are many extradition treaties where the requesting country should ensure that the death penalty will not be given to the criminal.
- Rule of Specialty: The requesting country will convict the fugitive ONLY for the crime/s stated and granted by the court in the expedition request.
- Procedural and Documentation Requirements: The requesting country needs to submit all the needed documents and information required by the requested court.
- Statute of Limitations: Countries have different statutes of limitations.
The main reason why many countries do not have existing extradition treaties with each other is the different laws and regulations of each country. This is the main hindrance in negotiating an extradition procedure. These countries became the refuge for other people of interest. For example, when a U.S. criminal is hiding in China. There is no existing extradition treaty between the two countries. This means that when the person of interest left the U.S. and reached China, they can't be forced to return to the U.S. to face their charges.
That being said, there are also instances where the countries with bilateral extraction treaties encounter problems while negotiating.
All the costs, fees, and expenses in the extradition process will be shouldered by the requesting country's government. This includes apprehending, securing, and transferring the person of interest from the requested country to the requesting nation. It also includes all the fees paid for the witness/es and the magistrate judge which will be certified by the State Secretary, and the expenses of the judiciary or the Department of Justice.
The claims will be checked and certified by the Attorney General to the State Secretary. Once certified, it will be paid by the requesting government.
If you choose to waive extradition and not challenge it, you will lose the chance to remove and resolve the extradition case filed against you. The judge will immediately approve your transfer to the requesting country. You will be seen as partially guilty and a flight risk because you are not trying to prove your innocence and just accepting the extradition.
We highly recommend NOT to waive extradition before contacting Amicus International Consulting. You can get a FREE case evaluation and provide options depending on your circumstances and case. We will discuss your options and get you in touch with experienced international lawyers to help your case.
Amicus,a trusted International Extradition Specialist.
Challenge
An Interpol Red Notice is a very serious tool used by governments and law enforcement agencies around the world to track, trace, arrest, and transfer a person of interest which often leads to extradition. The challenge is to prove the innocence and ensure the safety of the person of interest during the extradition process. This includes providing verified documents, information, and credible witnesses in a court hearing to prove your innocence. However, this is a tedious and difficult task. You will need to know international laws to help your case. Contact Amicus International Consulting and let us know of your circumstances in depth.
Solution
The best defense against an Interpol Red Notice is first having the right knowledge about its existence. This includes all the information regarding the case and the laws surrounding the extradition process. The next step is to prove your innocence and get the extradition case on you removed. Amicus International Consulting has the knowledge and experience to make this happen. We have the right, experienced international lawyers that will help improve your chances significantly. These international lawyers have years of experience dealing with removing Interpol Red Notice and Extradition cases made by different countries.
Results
Once you proved your innocence and the Interpol Red Notice is removed, the threat of extradition on you is also removed. Amicus International Consulting will help you attain the results you want in the quickest, most effective, and more efficient way possible. Contact us today for a free consultation! We also offer several services such as new identity processing, second passport creation, crisis PR management, transfer treaty, VIP membership, and more. All the services we offer are guided by experienced professionals with more than 100 years of combined experience and are all LEGALLY acquired.
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