Wednesday, February 18, 2026 7:24:50 PM

Does Extradition Require a Full Criminal Trial First?

Posted: 3 hours ago
Hello everyone. I have heard conflicting explanations about how extradition works in practice. Some people claim that a full criminal conviction must already exist abroad before a request can be submitted, while others say that preliminary charges are sufficient. I am trying to clarify whether a foreign government needs to complete an entire trial before seeking surrender, or whether the process can begin at an earlier investigative stage. In practical terms, what level of procedural development is typically required before U.S. courts will consider an extradition petition?
Posted: 3 hours ago
Good afternoon. A completed trial is not always required before an extradition request is initiated. In many cases, foreign authorities may seek surrender based on formal charges supported by evidence intended to demonstrate probable cause. When the matter reaches a U.S. court, the judge does not determine guilt or innocence but instead evaluates whether the statutory and treaty conditions are satisfied. The focus remains on legal compatibility and evidentiary sufficiency rather than on the outcome of proceedings abroad. For a detailed outline of how procedural stages interact with certification hearings in the United States, you may consult https://extraditionlawyers.ae/ The explanation clarifies how courts approach requests that arise prior to final judgment.