Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

How Long Can Someone Be Held in Jail Awaiting Extradition?

Author: Scarinci Hollenbeck, LLC

Date: March 10, 2023

Key Contacts

Back

How long can someone be held in jail awaiting extradition? Under normal circumstances, a charged individual may be imprisoned for up to  30 days awaiting extradition. However, the duration of jail is subject to several factors. For instance, the defendant can stay longer depending on the pending charges. 

The Scarinci Hollenbeck, LLC can shed light on the extradition process. We also highlight factors that can impact the duration one remains in jail.

An Overview of the Extradition Process

The process begins with an extradition request. The requesting country asks to have the fugitive extradited through diplomatic channels. As a rule, the requesting country must provide evidence of the person’s crime.

After lodging the request, legal proceedings take place in the requested country. The proceedings involve a hearing in court. During the hearing, the court weighs the evidence from the requesting country.

The court also considers arguments or objections from the individual’s lawyer. If the judge finds the evidence of guilt to be sufficient, the court orders the individual’s extradition. The process might take weeks or months, or even longer.

How Long Can Someone be Held in Jail Awaiting Extradition?

An individual can be held in jail for about 30 days. However, the 30-day timeframe is subject to change based on circumstances. Thus, a person can remain in prison for several months before extradition. Some of the factors that dictate the duration of jail include:

  • Extradition Clause

The extradition clause of the diplomatic treaty between the two countries determines the duration an individual remains in jail. An efficient extradition process reduces jurisdictional complexities, and correspondingly, jail time before a decision is made.

If the extradition clause is complex, the defendant may stay in jail longer. 

  • Severity of Crime

When processing extradition requests, authorities focus on the most serious offenses. This prioritizing seeks to ensure that individuals are brought to justice. 

  • Pending Legal Cases or Investigations

Pending cases and investigations also determine the duration an individual stays in jail. For instance, authorities may not immediately extradite an individual in a pending case in the country from which extradition is sought. Instead, they wait until the courts resolve the case.

Moreover, jurisdictions hold fugitives longer if they get multiple extradition requests. With many requests, the authorities hold the alleged offenders in jail for longer to allow enough time to review all submissions.

  • Jurisdictional Issues

Extradition becomes complex if the holding and requesting countries lack an extradition treaty. In such scenarios, authorities must navigate multiple legal obstacles to process an extradition request. With the complexities, an individual may stay longer in detention.

Even in cases where an extradition treaty exists, there may be other legal hurdles. For example, some jurisdictions allow fugitives to contest the extradition request. The offender may stay longer in jail awaiting a court decision.

  • Objections From Human Rights Groups

Human rights groups may argue that a fugitive is at risk for human rights violations. The violations can include concerns over the death penalty or inhumane treatment. Moreover, the violations can include the likelihood of an unfair trial. In response, jurisdictions hosting fugitives review each case. Such a review might prolong the time one stays in jail.

Learn More About Extradition From Scarinci Hollenbeck, LLC

How long can someone be held in jail awaiting extradition? One can spend 30 days or several months in prison. The period depends on the crime, existing extradition treaties, and a fugitive’s criminal record.

Whatever the cause of extradition, Scarinci Hollenbeck, LLC can help. We serve those in New Jersey, Connecticut, Massachusetts, Maryland, Pennsylvania, Illinois, Virginia, Georgia, Florida, Puerto Rico, and California.

Contact us to understand your options.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!