Arrest for extradition: what should you do immediately?

Extradition Lawyer in Paris

An arrest for extradition is an urgent situation. The person arrested is being sought by a foreign State, which has requested that France surrender them so they may be prosecuted or serve a criminal sentence.

It is essential to understand the nature of the proceedings, seek legal assistance immediately, and avoid making any hasty decisions, particularly regarding whether to consent to or oppose extradition.

Table of Contents

What should you do first if you are arrested for extradition?

he first priority is to request the assistance of a lawyer. Extradition proceedings involve very short deadlines, and any statements made at the outset of the case may affect the remainder of the proceedings.

In practical terms, you should:

  • request a lawyer immediately;
  • determine whether the case concerns traditional extradition or a European Arrest Warrant;
  • avoid consenting to surrender before fully understanding the legal consequences;
  • notify a relative where possible;
  • gather any relevant documents as quickly as possible;
  • make a note of the information provided concerning the requesting State and the alleged offences.

For an overview of the extradition process, see: How does the extradition procedure work in France?

What are your rights after arrest?

Under French law, any person arrested pursuant to an extradition request must be brought before the territorially competent Prosecutor General within forty-eight hours.

During this period, the person must be informed of their rights. They may be assisted by a lawyer of their own choosing or, if they have not appointed one, by a court-appointed lawyer. The lawyer is entitled to examine the case file immediately and to communicate freely with the requested person.

Although this stage may resemble  police custody in some respects, it is governed by a legal framework specific to extradition proceedings.

Key takeaway

The right to legal representation is fundamental. From the very first hours of the proceedings, a lawyer can access the case file, explain the procedure and prepare the initial defence.

What happens before the Prosecutor General?

The Prosecutor General verifies the identity of the requested person. They must inform the person, in a language they understand, of the existence and content of the extradition request.

The Prosecutor General must also explain several important choices:

  • the right to consent to extradition;
  • the right to oppose extradition;
  • the legal consequences of consenting to extradition;
  • whether or not to waive the rule of speciality.

These decisions should not be taken lightly. Consenting to extradition may significantly accelerate the proceedings. Refusing extradition will lead to a hearing before the Investigating Chamber, which will examine whether the legal conditions for surrender are satisfied.

To understand the possible grounds for challenging extradition, see: Can Extradition Be Refused or Challenged?

Extradition detention, judicial supervision or release: what happens next?

After the extradition request has been notified, if the Prosecutor General decides not to release the requested person, they are brought before the President of the Court of Appeal or a delegated judge.

That judge may order detention under an extradition warrant. However, where the person's appearance throughout the proceedings appears sufficiently guaranteed, the judge may instead impose less restrictive measures, such as judicial supervision or house arrest with electronic monitoring.

At this stage, factors such as the requested person's guarantees of appearance, family circumstances, employment, medical condition and personal situation may become particularly important.

If the person is placed in extradition detention, an application for release may subsequently be made before the Investigating Chamber.

To better understand the role of the court at this stage, see: The Investigating Chamber and Extradition: What Is Its Role?

What documents should be gathered quickly?

When an arrest takes place, family members can help gather documents that may prove useful. Although these documents do not guarantee a favourable outcome, they enable the lawyer to prepare a more comprehensive defence.

Useful documents may include:

  • identity documents and proof of nationality;
  • proof of address;
  • employment contracts, payslips or other evidence of professional activity;
  • family documents, such as a family record book;
  • medical records, where relevant;
  • foreign judicial decisions already received, where applicable;
  • documents relating to the risks faced in the requesting State.

Where the request originates from a country outside the European Union, the analysis may also involve the applicable international treaties, the guarantees provided by the requesting State and the conditions of detention. A dedicated article is available: Extradition to a country outside the European Union: rules and legal remedies.

Why contact a lawyer immediately?

An arrest for extradition triggers a fast-moving and highly technical procedure. A lawyer explains the requested person's rights, obtains access to the case file, verifies the validity of the extradition request and prepares the defence before the competent authorities.

In particular, a lawyer can:

  • analyse the extradition request;
  • verify compliance with the applicable procedure and time limits;
  • advise whether to consent to or oppose extradition;
  • prepare an application for release;
  • identify possible grounds for refusing extradition;
  • prepare written submissions for the defence;
  • represent the requested person before the Investigating Chamber.

For a broader overview of the benefits of early legal assistance, see: Why consult an extradition lawyer?

Where the proceedings involve another Member State of the European Union, the case may instead concern a European Arrest Warrant, which is subject to its own specific rules and time limits.

Useful emergency resources

FAQ: Arrest for Extradition

How long before the person is brought before the Prosecutor General?

A person arrested pursuant to an extradition request must be brought before the territorially competent Prosecutor General within forty-eight hours.

Should extradition be accepted immediately?

No. Before consenting to extradition, it is essential to understand the legal consequences of that decision. A lawyer can explain the available options and the effects of consenting to or opposing extradition.

Can extradition detention be avoided?

In certain cases, where the person's guarantees of appearance are considered sufficient, they may be released, placed under judicial supervision or placed under house arrest with electronic monitoring. Each case depends on its own circumstances.

Can a family member contact a lawyer?

Yes. In practice, a relative may contact a lawyer to report the arrest, provide the initial information and help gather the documents needed for the defence.

Need an extradition lawyer urgently?

Have you or a relative been arrested in connection with an extradition request? Ms. Lois Pamela LESOT, Attorney at the Paris Bar, can assist by analysing the proceedings, explaining your rights and preparing your defence.

Ms. Lois Pamela LESOT
Phone: +33 6 52 02 54 42
Email: lesot@loispamelalesot.com

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