My brothers ex-wife filed criminal charges in India against my brother stating that he has harrassed her. My brother is a US citizen. She is a Indian Citizen. Can she really have my brother extradited from U.S.A to India? Her allegations are not true, but the legal authorities in Indian have taken her case and are reviewing it. They have supposedly issued an arrest warrant against my brother. It is kind of ridiculous that he has to appear in the court in India and risk losing his job (due to the time that could be consumed with this lawsuit) and spend all the money for travel + legal costs, especially when he has not committed any harrassment. Her allegations are tottaly baseless.
We are also consulting lawyers in India to get details and thoughts/ideas to counter the arrest warrant issued, but I'm looking for anyone that has a dealt with similar situation in the past and can give me any advise/contact information to handle the situation more effectively. Thanks in advance.
2007-09-22 16:43:58 · 4 answers · asked by vnj 2 in Politics & Government ➔ Law Enforcement & Police
To answer the question, yes, if it is for a crime which is a felony in both India and the US.
If the harassment accusation is not to the felony level, tell him to stay out of India.
2007-09-22 21:05:53 · answer #1 · answered by Gray Wanderer 7 · 0⤊ 0⤋
It probably is possible, in theory, because I know of no sanctions the USA has against India.
However, the likelihood of someone being extradited based on HARRASSMENT charges seems extremely unlikely. Your lawyer will be able to handle the situation much better than anyone here can give you advice, but generally, minor crimes (like tresspassing, harrassment, etc.) don't result in people being extradited. It isn't worth the time in the courts, particularly for such a small offense. Now, if there were other offenses, or a more serious offense that your brother committed, then it would be more likely that he could/would be extradited, but again, your lawyer will better know about the potential legal rammifications your kin faces, than anyone on Yahoo! answers would know.
2007-09-22 23:53:59 · answer #2 · answered by A.P. 4 · 0⤊ 0⤋
I hope not. Man, if I got extradited to all of the exotic places around the world where there's a warrant out for me--I'd never get back home.
2007-09-22 23:52:46 · answer #3 · answered by Steve-O 5 · 1⤊ 0⤋
You could only get extradited out of the US for a violation of international law.
Your brother is not going anywhere.
I would, however, suggest he not visit India for a while!
2007-09-23 00:12:30 · answer #4 · answered by trooper3316 7 · 0⤊ 0⤋