criminal-law international trial criminal-procedure
Trying a foreigner in the United States - praticalities
<p>I am reading <a href="https://www.justice.gov/usao-ndca/pr/three-individuals-charged-alleged-roles-twitter-hack" rel="nofollow noreferrer">this press release</a> of the U.S. Attorney’s Office for the
Northern District of California.</p>
<p>The attorney states that:</p>
<blockquote>
<p>Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United
Kingdom, was charged in a criminal complaint in the Northern District
of California with conspiracy to commit wire fraud, conspiracy to
commit money laundering, and the intentional access of a protected
computer.</p>
</blockquote>
<p>So the defendant appears to be located in the UK and is being charged in the US.</p>
<ol>
<li>How would the trial work out? The guy would appoint his US trusted lawyer to defend him?</li>
<li>What if the guy wants to testify? He would flee in the US or Zoom would work out?</li>
<li>Suppose the guy is sentenced to 40 years in prison. How would it work out? The FBI would fly to UK, take the guy, force him into the plane, flight back to US and put him in prison? Or the guy would be sent to a UK prison?</li>
</ol>

<p>US law generally doesn't permit trials in absentia (see <a href="https://law.stackexchange.com/questions/61802/can-a-country-put-a-foreign-criminal-on-trial-without-catching-them/61826#61826">Can a country put a foreign criminal on trial, without catching them?</a>), so Sheppard would have to be physically brought to the US before a trial could begin, let alone any sort of testimony or sentencing.  This could happen if he voluntarily travels to the US, or if he is extradited from the UK via their legal processes for doing so.</p>
<p>He could be represented by a lawyer at trial if he chooses, just like any other criminal defendant.  If convicted and sentenced to imprisonment, he would presumably serve the sentence in a US prison just like anyone else, unless the US government decides on some other arrangement.</p>
