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Can You Avoid Being Extradited From Texas?

Airport crime

Data privacy advocates are fond of reminding people that their Google search queries can become evidence in a criminal case against them if police get a warrant to search their devices. It is bad enough to think about the police finding out about your weird health worries and celebrity crushes, but it is worse if they find evidence that you were trying to stay a step ahead of them. “Does Texas extradite to” and “Does the U.S. extradite to” are two phrases you do not want investigators to find during a search of your computer. Just because the United States has an extradition treaty with another country where you are being accused of a crime, it does not automatically mean that Texas will send you there to face trial. 

If you have been arrested in Texas in connection with criminal charges in another jurisdiction, contact a Texas criminal defense lawyer.

Can a Texas Criminal Defense Lawyer Help You Avoid Facing Charges in Another Country?

Jurisdiction is the authority of a particular court to decide a particular case. Texas courts only have the authority to issue jury verdicts, and Texas judges only have the authority to hand down sentences for alleged crimes that occur in Texas. In some cases, even though the arrest took place in Texas, the alleged crime involved more than one state. When this happens, the federal courts try the case. If a judge in another state issues a warrant for your arrest, Texas police can arrest you in Texas; then the two states may agree to extradite you to the other state, where they release you from police custody in Texas to police custody in another state.

Last year, a teacher from Missouri traveled to Texas during winter break after being accused of illegal sexual contact with a student. She was arrested in Texas in January and then extradited to Missouri.

International extradition can only happen if the two countries have an extradition treaty. If they do, then they must reach an individual agreement regarding each defendant that one country wishes to extradite from the other. This year, a Texas man returned home after working in the United Kingdom, where he struck a pedestrian with his motorcycle and caused severe injuries. The British authorities wished to extradite him, and he eventually faced extradition. His lawyers in Texas had claimed diplomatic immunity because the man had served in the National Guard; in other cases, this defense has enabled U.S. defendants to avoid extradition to the U.K. Of nine cases where the U.K. sought extradition of U.S. citizens employed by the government or military who were accused of crimes in Britain, this is the only case where the extradition has gone through. Most of these criminal cases involved traffic accidents resulting in serious injury or death.

Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases

Dallas criminal defense lawyer can help you avoid extradition if you are facing charges in another state or another country. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.

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