Legal Question in Criminal Law in California

EXTRADITION - GRAND THEFT - treaty US - BELGIUM - article 7.3.c

Confronted with extradition demand by US in case of Grand

Theft in state of California, multiple questions arise:

- what constitutes the felony of Grand Theft (essential elemants of case)

- article 7.3.c of the treaty between countries demands that documents must be handed over ''as would justify commital for trial in the requested state. How does commital for trial must be interpreted... which documents are necessary in this case (the argument is that not enough elements that would constitute 'probable cause( nexus definition or experienced police officer standard as in Smith v. Us or Carrol v ; US)are handed over.

-how does the demand for extradition must be motivated

- can I use COLLINS v. LOISEL (259 US 309 317 (1922) in this case in order to argue that the rights of my cli�nt are violated

And if all these arguments won't work for the belgian court (in first degree the court followed our argument - state made appeal), which law firm in the state of california is specialised in these kind of cases...

Kind regards,


Asked on 8/27/04, 8:40 am

1 Answer from Attorneys

robert nudelman criminal defense associates

Re: EXTRADITION - GRAND THEFT - treaty US - BELGIUM - article 7.3.c

In the State of California Grand Theft is defined as the taking of the personal property of another with the intent to permanently deprive, in an amount over $400.00. I assume that since there is an international extradition proceeding in this matter that the amount i question is substantial. The extradition matters should be handled by an attorney familiar with the treaties and proceedures between the U.S. and the country involved. As far as the criminal charges in the State of California, my firm could certainly handle these matters. Please call me at (800) 313-9619 to further discuss this case.

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Answered on 8/27/04, 11:05 am


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