Would Texas extradite felony DWI from another country?

Asked almost 3 years ago - Plano, TX

My brother has 3 DWI cases from 2006~2011.
He got the last DWI while he was on probation for the second DWI which makes it worse. The D.A is offering him 5 years in pen and the case is still going but he is in Korea right now.
If he doesn't come back and does his time, would Texas try to extradite him overseas?
He is a greencard holder and has 2 posession of marijuna on his record.

If the state decides to extradite him, how long would the process to take? If it possible to avoid it?

Attorney answers (3)

  1. Answered . this is difficult to give a solid answer on because there are several factors to consider. What are the aggravating circumstances surrounding each DWI? What are Korea & the US's extradition agreements? Would your brother find himself in a situation where the government there would bother looking for him or enforcing an extradition should an Order be issued by the US?

    The short but unqualified answer as to whether he would be extradited in this situation is: Probably Not.

  2. Answered . Its highly unlikely that the State will spend the resources to seek extradition. However, life is not good, because he runs the risk of being thrown out by Korea and prevented from going to a country, like Canada, that he would prefer. Since he obviously has a real problem with alcohol, he will continue to bring attention to himself [a real ugly American] and eventually need to deal with these charges.

  3. Answered . This question calls for lot of speculation. An initial probem would be return to the country on his own s there are outstanding convictions. The other is the unknown laws of Korea regarding extradition.
    You might want to check with an attorney who handles both immigration and criminal matters but my guess would be that if he is in Korea and will have significnt trouble returning to the US, the state of Texas is not going to try and have him extradited. I am not sure but would think the US goverment would have to seek the extradition on behalf of the state.

    If this was helpful, please so indicate.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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Felony DUI

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