Monthly Archives/Archivos por Mes: September 2010

Credibility of a Witness

A case recently came down from the court of appeals for the second circuit reiterating the long established rule that […]

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The Next Best Thing

A woman living in a small town in Colombia has an aunt with a narcotics case in New York. Her aunt is going to be extradited. […]

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US v. Arbane

This is a case that addresses the principal issues surrounding most drug importation cases. It addresses the issues that […]

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Fish or Cut Bait

At a hearing held recently in Washington, D.C., a federal judge told the prosecutor, in no uncertain terms, that if […]

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Unnecessary Motions Result in Unnecessary Delays

Recently in Washington D.C. four defendants’ lawyers made a motion seeking postponement of the date by which defendants […]

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What That Shows . . .

“What that shows . . .” is a new column that will run from time to time to illustrate universal truths […]

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Paramilitaries Focus on Politics Not Crimes

Four of the paramilitary defendants being tried in Washington DC made a political statement in court recently after appearing […]

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Voluntary Surrender

A Colombian reader suggested I write a column about surrendering to U.S. authorities. While this article deals specifically […]

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The Paramilitaries and Importation of Drugs

It is puzzling to think that the U.S. government has enough evidence to convict recently extradited Colombian paramilitaries […]

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Cooperation vs. Safety Valve

When a defendant decides to cooperate, he or she signs a cooperation agreement stating their willingness to assist […]

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Choosing Lawyers II

With the arrival of 14 paramilitaries extradited from Colombia, now is a good time to discuss how to go about choosing a lawyer. […]

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Defendant Rules to Live By

1) Work with the evidence.

Play the hand that is dealt to you, not the hand you want. For example, you may not have anticipated that your phone […]

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If It’s Not on the Record, It Didn’t Happen

To those of you fed up with your lawyers or the system, let the judge know immediately. There is a saying in law, “If […]

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Faith in the American Justice System

The Simon Trinidad case just goes to show that someone accused of belonging to a terrorist organization and distributing […]

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Delays in Deportation as a Basis for Reduction in Sentence

Because deportation can take months, deportable aliens should ask the sentencing judge for at least a month reduction in […]

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Pick Your Place — Don’t Let Them Pick It For You

After sentencing, a federal defendant can request to be housed at a specific prison facility. However, defendants should […]

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To Motions to Dismiss on Ground of Improper Venue – Be Careful What You Wish For

A motion was made recently in a D.C. case to dismiss an indictment and transfer the case to the Southern District of Florida […]

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It’s Not What You Say. It’s What Others Say About You

Hearsay evidence is the evidence of those who relate, not what they know themselves, but what they have heard from others. […]

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The Clemens Debacle

For those of you who are Americans or who live in the U.S., the Clemens debacle is well known. It deals with a very famous […]

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Use It or Lose It

The Second Circuit has made it very clear that if you do not move for a dismissal based on a violation of your right […]

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