International Criminal Matters
When someone has been accused or convicted of a crime, he or she may try to flee to avoid prosecution and the penalties associated with being convicted. However, the government where the crime took place will usually persist with the case and the pursuit of the suspect. Often they will continue until the suspect is found and brought back to the originating country or state.
Although some may think that they will be better off by trying to flee the law, they put themselves at even greater risk of suffering more severe penalties including fines and increased jail or prison time.
Bringing in a fleeing suspect or accused individual is a very involved matter under what is called ‘international criminal law’ and uses a complex series of systems through extradition, discovery, and depositions.
What is “International Criminal Matters” and Law?
International Law is the set of rules that have been accepted as binding in relation between nations and between states. The purpose is to provide a framework for the practice of organized international relations. Typically, international law is used when referring to the legal matters between two different countries.
International Criminal Matters
Extradition is an important part of international criminal law as it allows a jurisdiction to request the return of a convicted or accused individual back into the originating jurisdiction. It is an involved process and must be handled with care by experts that understand the law and legal limits of both jurisdictions.
What is Extradition?
Extradition is the process in which an accused or convicted individual is handed over from one country or state (where the individual fled to) and given to the requesting jurisdiction (country or state). The success of an extradition can vary considerably depending on the country or jurisdiction it is being issued in. Whoever is handling international matters needs to know the ins and outs of the jurisdiction they are operating in.
For example, a defendant that was arrested while in one country and then fled to another country can be transported back to the original country within thirty days. When an individual attempts to flee from their home state or country, they are subject to much harsher fines, penalties and consequences when the originating jurisdiction has found them.
If you feel you may be at risk of being extradited from Placer County, we encourage you to give the international law and extradition experts at The Law Offices of Terry L. Gilbeau a call. We can help you with the entire process and give you the best chance of avoiding steep penalties and fines.
Depositions & Discovery
When an individual flees to another country or state, they force the case to become an ‘international criminal matter.’ At this point, the legal situation spans multiple political lines, mainly those of another country where governments and procedures may differ substantially.
For an individual to be successfully extradited (transferred from the fled to location to the jurisdiction where the crime took place), enough information must be gathered in order to begin and complete the process. This information is collected through the use of depositions and discovery.
A deposition is the process of a witness providing information before the trial, orally, to the attorneys while under official oath. Depositions are an important part of the discovery process and are used alongside subpoenas and interrogatories.
How Discovery Works
Discovery is the process of acquiring information prior to a case as a formal investigation. Both parties to a legal suit may take part in the discovery process in order to better understand the entire case. This pre-trial right is to allow all parties involved to define their strategy and help reduce delays during the actual trial. During this time, a settlement may be agreed upon by opposing parties due to the discovery process.
The types of information that can be gathered through the discovery process include:
- Subpoenas - court issued summoning to appear at court
- Interrogatories - written questions
- Depositions - oral statement.
The discovery stage of a trial can be considered a ‘research’ phase where both sides can gather as much relevant information as possible before going through the trial.
Extradition, depositions, and discovery are all important factors in international criminal law. Without them, it may be impossible for the law to take action in jurisdictions they do not completely control (namely other countries).
If you have fled from a crime or accusation of a crime, you are putting yourself at high risk. By contacting our legal team, we can help you handle the entire situation and will work to make sure that you are treated fairly and have your penalties significantly reduced. We help defend all criminal matters, including international matters, especially in Placer County. We service the cities of Rocklin, Roseville, Lincoln, Granite Bay and the surrounding areas.