When a person learns that he/she is the target of a criminal investigation in the United States, their first reaction is usually to be very concerned. However, learning that American law enforcement wants to extradite you from another country takes that worry to a whole new level of very serious concern.
While those concerns are certainly well founded, learning that you are the target of an extradition is actually a very good thing because it can be used by a criminal defense attorney to negotiate a positive result in your case.
In most cases, the U.S. Government is usually successful in its efforts to extradite a target defendant. In fact, it is simply a matter of time before American law enforcement is successful in their effort to bring you to the United States to face criminal charges.
In the mean time, while extradition is pending but not yet complete, a target defendant may find him/herself locked up in a foreign prison until extradition process is complete. This can last anywhere from 6 months to 2 years and in some cases, even longer.
Even though most American efforts to extradite a target defendant will ultimately be successful, the extradition process itself is very complicated, time consuming, and involves a ton of paper work and manpower… and that is when you consider a case involving a friendly nation. Not to mention the fact that it can take over a year to complete. In the mean time, prosecutors run the risk of losing key witnesses and suffering from a spoliation of critical evidence.
The process becomes that much more difficult when you consider a case that involves a country with whom the U.S. has less than cordial relations.
So what does this mean for you?
When a person learns that they are the target of an international extradition by the U.S. Government, they need to immediately hire an American criminal defense attorney.
This attorney can help the target person by doing the following:
1) By opening a very valuable and direct channel of communication with Federal prosecutors, Federal agents, and other elements of American law enforcement.
2) By researching the case to determine the following:
- Who are the prosecutors handling your case?
- What jurisdiction is your case being prosecuted in?
- Does your case concern a multi-jurisdictional prosecution?
- Which U.S. Attorney’s Offices are involved?
- Which U.S. Attorney’s Office is taking the lead?
- What agencies are involved in the case (DEA, FBI, DHS, ICE, etc.)?
- What are the exact charges you are facing and how many counts have been filed?
- Who are the co-defendants, if any?
- Who are the primary targets of American law enforcement?
- Who are the secondary targets of American law enforcement?
- Are you considered a “primary target” or a “secondary target”?
- Where are the co-defendant’s located?
- Have any co-defendants already been taken into custody by U.S. law enforcement?
- What charges are the co-defendants facing? How many?
- What jurisdictions are the co-defendants being prosecuted in?
- How did American law enforcement get involved in this case?
- Did this investigation begin with the use of a confidential informant or multiple confidential informants?
- Did American law enforcement make use of wire-taps, electronic surveillance, or search warrants? If so, was this done legally in accordance with American law?
- Has the U.S. Government seized any private property or evidence, such as narcotics, bank accounts, documentary evidence (such as bank records), boats, aircraft, cars/trucks, real estate?
- What is the prosecutor’s overall case theory?
It is important to note that not all of this information may be readily available, especially if your case is still under seal by a Federal judge while your extradition is pending.
***3) By using your ability to surrender to negotiate a favorable case resolution.***
This last point is probably the most important. Remember, the extradition process is extremely time consuming, labor intensive, and involves a mound of complicated paper work.
By handling the extradition in a way that saves the U.S. Government time, money, and effort, you can often times have a very strong and positive impact on the outcome of your case.
For instance, a criminal defense attorney can use your offer of self-surrender to negotiate a plea agreement to fewer counts than you are presently facing. Additionally, prosecutors can agree to waive minimum mandatory prison sentences. They are also able to file motions with the sentencing judge asking for a reduction in sentence.
It is important to realize that even though many of these opportunities exist, they vary from case to case. Every defendant’s case is unique and what works in one case may not work in another, even if the charges are the same.
What You Need to Do Next
Confidential. Attorney-Client Privilege. Face to Face. Standard Fees/Costs Apply.
If you are facing extradition to the United States or are the target of a criminal investigation by American law enforcement, you should contact attorney Brian Silber to schedule a meeting. In most cases, he is available for travel to conduct face-face meeting.
During this meeting, Attorney Silber will provide you with the following:
- Full case analysis, limited only by the scope/quality of available information.
- Full explanation of the legal process you are facing in the United States.
- Explain your available options under American law.
- Answer all of your questions.
- Provide you with his legal opinion about the best strategy possible, considering the unique nature of your case and your personal circumstances.
Everything you discuss with Attorney Silber is 100% confidential and is protected by the attorney-client privilege, even if you choose not to hire Attorney Silber for the remainder of the case.
Please also keep in mind that standard attorneys fees and costs apply to consultations requiring travel. Given the nature of such cases, it not possible to offer initial consultations that are free of charge.