Go to Panama
For Colombians who are wanted in the United States and would like to face the charges rather than running from them, I have one thing to say: go to Panama.
If you can manage to get to Panama, or even another country like neighboring Ecuador, you can surrender to a DEA agent who will see to it that you get to the United States quickly and safely. Even if you have to go through deportation proceedings (not necessarily) you will be in and out in a matter of days and on your way to the U.S. At all times you will be treated with respect, and an extra measure of it because you came in voluntarily. The preferable way to do this is to retain an attorney and let him speak to all of the appropriate people. This will greatly facilitate the process of surrendering.
If you decide to surrender in Colombia, DEA agents may be required to turn you over to the Colombian government where you will go through a time consuming and lengthy extradition process. In Colombia, extradition can take eight months to a year and a half, during which time you will be taking cold showers at dawn and having an overall terrible experience. Some extraditions have taken as long as two years, which is a disgrace. There is simply no excuse for this, especially for those who are willing to consent to their extradition. American authorities would prefer to have you in the United States sooner rather than later.
Retain a U.S. Lawyer
If you formally retain a U.S. lawyer, he or she can go to the court where you are wanted and demand that the evidence against you is produced while you are still being detained in Colombia. Now, the prosecutor will most likely object to such a request on the grounds that the defendant has not been extradited to the U.S., although some prosecutors may simply consent, more than you might imagine. The prosecutor may also oppose the request because revealing evidence could potentially compromise the government’s investigation. But that rationale can exist even when a defendant is already in the U.S. (such an objection is decided on a case by case basis and ultimately a defendant in the United States is never denied his or her discovery, or “evidence”). But a large number of judges would feel it is unfair to keep the evidence from the defendant, especially when the lengthy and inexcusable delay in extradition is not the defendant’s fault. The judge would then direct the government to turn over the evidence immediately.
A defendant in custody should have the opportunity to prepare his defense at the earliest moment possible. Therefore, extraditees should retain lawyers before they get to the U.S. in order to open the doors of communication between the prosecutor and the lawyer, and the lawyer and the court. This will allow you to be better prepared and more effective in assisting your counsel. You will also have the unique opportunity to evaluate your lawyer’s performance during the initial stages of your case. You do not have to keep the lawyer you retain if you feel that he or she is not doing a good job.
In the end, the United States should ask the government of Colombia to process these extradition cases much, much more quickly. There is no reason for an extradition to take longer than 60-90 days, especially where the extraditee waives his right to contest the extradition. But as long as Colombian detained defendants are unaware of how helpful a U.S. lawyer can be, little can be done to change the situation.