Extradition Treaty Law and Procedure – Part 12

Procedure Following Apprehension

Because the Federal Rules of Criminal Procedure do not apply to extradition matters, individuals detained pursuant to a warrant of apprehension are not required to be brought to the nearest judge or magistrate to answer the complaint. By statute, the individual whose extradition is sought may be brought before the judge or magistrate who issued the warrant. Although the U.S. Supreme Court has addressed this issue and held that an individual apprehended in one state pursuant to a warrant issued in another, must be brought before a court in the place where he or she was apprehended, most federal jurisdictions follow the statutory language.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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