Extradition including European Arrest Warrants
At Stephen O’Mahony Solicitors, we understand that a specialist Extradition Solicitor is a necessity in this complex area of Law. The European Arrest Warrant system was introduced to Irish Courts in 2004 and its usage has increased year on year since that date. It is our experience that persons facing Extradition are usually arrested without notice and quickly can find themselves in the High Court with their liberty at risk. Stephen O'Mahony Solicitors has dealt with clients who have been living with their families and working in this country for many years without issue but suddenly find themselves at risk at being extradited.
We have successfully resisted European Arrest Warrants in the High Court and although there are only limited grounds to oppose an Extradition request from a fellow EU member state, it is essential that you contact this office as quickly as possible to seek expert legal advice.
Main Provisions of EAW
An EAW is used to transfer a criminal defendant or sentenced person to the requesting EU member state in order to finish their prison sentence or to commence their trial. The warrant cannot be used for the purpose of securing a person of interest in an investigation of a criminal offence. It must be used for either a criminal prosecution or a custodial sentence. Offences that are relevant must carry a maximum penalty of 12 months or more. If an outstanding sentence is to be served that sentence must be at least 4 months in duration.
Is free Legal Aid available?
The Law relating to European Arrest Warrants grants a number of rights to those facing potential extradition. Your first right is to have proper legal representation for the duration of the legal process. You are also entitled to have an interpreter to be present at all times if that is necessary. The payment of the Solicitor, subject to your means is granted by the High Court under the ‘Attorney General Scheme’.
We collaborate with an expert panel of Barristers who specialise in this complex area of Law. We also have interpreters available for consultations by phone or otherwise.