We do have an extradition treaty with France and the US would extradite you. I sure hope this is a hypothetical posted upon a public forum. There is no privilege here. Take Care! (Below is the Int'l crim court treaty)
Here's a question for you: What in the bloody hell are you thinking?
Here's an answer for you: Do not commit a crime, and especially do not commit a murder or a bank robbery. If you do not commit a crime (and especially not a murder or a bank robbery) then you will not have to worry about either fleeing or being extradited.
And here's a suggestion for you as well: If you are compelled to commit a crime (and especially either a murder or a bank robbery) then please, pretty please, avec un peu de sucre en poudre et une cerise sur le gâteau, go back to France and do it there.
Congratulations for asking the most idiotic question of the month.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
Yes,France can extradite you. More importantly, if this is a hypothetical question a great deal more detail and context is necessary to explore the subject of an international extradition.
If your question has any other real basis cease communicating in this public forum. Consult and retain an experienced federal criminal defense lawyer ASAP.
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting.
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As mentioned by my colleagues, France does have an extradition treaty with the United States.
Historically, however, France has been notably reluctant to send people back to the US for criminal prosecution. I am of course not an expert on French law, but I believe that French law expressly prohibits extradition of its own nationals (think Roman Polanski).
The US-France extradition treaty, at Article 3(1), specifically provides that “neither State has an obligation to extradite its own nationals, but the executive authority of the United States shall have the discretion to do so. The nationality of the person sought shall be the nationality of the person at the time the offense was committed.”
Article 696-4 of France’s Code of Criminal Procedure (Code de procédure pénale) reads “extradition is not granted ... where the requested person is of French nationality, as determined at the date of the offense for which the extradition is requested…”
From what I remember Dominique Strauss-Kahn, another Frenchman, was initially denied bail in his rape prosecution because it was feared he would hop on a plane to France and avail himself of the fact that France would refuse to extradite him back to the U.S.
I am very intrigued as to the reason you are asking this question. Mere curiosity? I do not think you would be so foolish as to post such a question if you were actually considering engaging in criminal activity.. ;)
Please note, the above answer is for general informational purposes only.
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