Extradition and Deportation - What Is the Difference

Extradition and Deportation – What Is the Difference?

Legal terms can be complicated but bail allows a defendant the freedom to choose and retain legal defense to assist with the comprehension of the legal process and terms they may not be familiar. For example, terms such as international extradition and deportation may personally apply to you or a loved one’s case, and you, or they, could be subject to the deportation process. Legal defense may be required to assist in fighting this case and to provide assistance with understanding the process while making sense of the different legal procedures and the implications they have. It is important to understand the primary differences between extradition and deportation if either apply to you or a loved one.

What is Extradition?

Extradition can be local or international, and is generally when a defendant is being accused of a crime in a different county, state, or country, then the one they are currently incarcerated in. A defendant is then sent to the designated jurisdiction in which they have been charged, in order to continue court proceedings. A defendant can be sent to another jurisdiction for an outstanding warrant even if they no longer live in the area in which the warrant was issued. For example, someone might live in California and are pulled over for a traffic stop – police may discover an outstanding warrant in their county, or elsewhere, resulting in the person being taken into custody, with the possibility of being extradited to another jail or prison as part of the extradition process.

The Process of Deportation

Similar to the process of extradition, when deportation occurs, a person is sent from one place to another. However, the primary differences between extradition and deportation is when a person is deported, they are sent to another country due to the violation of immigration laws. Whereas, extradition occurs when a defendant is extracted from their current jurisdiction and sent to another resulting from the violation of state and local laws within a certain county or state that differ from their current jurisdiction. When someone is deported, they typically do not face charges when arriving to their country of residence; removal from the violated country is their legal punishment. These legal processes are quite different, as someone can be extradited from one state to another and this is not considered deportation. Deportation only occurs when a person is sent from one country to another country.

A person facing deportation charges cannot simply move to another state in order to evade deportation. Authorities generally have the right to remove them from any part of the country and bring them to court to face charges of deportation. A person can also be granted the temporary right to reside in another country due to experiencing temporary instability and danger if the person returns, or they can be granted the right of permanent asylum.

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