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Extradition occurs at the state or national level, and it happens when the state or a nation requests the return of a suspected or convicted criminal.  After a request for extradition has been made, the state or the nation that the criminal is residing in will typically surrender the criminal to the state or nation requesting the criminal's return, after identification proceedings to determine if the person is actually the criminal the other state is seeking.

When facing extradition, a person will need a criminal defense attorney in order to avoid going into police custody and being taken to the other state, to face criminal charges. A criminal defense attorney may be able to help an individual avoid being taken into custody, or if they have already been taken into police custody, may be able to help ensure they are not transported to the other state for criminal proceedings. By conducting an independent investigation, a criminal defense attorney may be able to build enough evidence in the person's favor to help him or her avoid extradition proceedings.

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