International Criminal Defense

The Castaneda Law Firm represents clients in international criminal defense proceedings throughout the world.

As one of few attorneys in the world admitted to the List of Assistants to Counsel of the International Criminal Court, The Hague, the Netherlands, Attorney Castaneda is qualified to be chosen by defense counsel or legal representatives of victims in proceedings before the International Criminal Court.

The Castaneda Law Firm specializes in client representation in:

  • Extraditions to, from and within the United States;

  • International and domestic drug trafficking;

  • International and domestic weapons trafficking;

  • Money laundering;

  • Tax fraud;

  • Resentencing;

  • Rule 5k1.1 (“5k”) and Rule 35 cooperation;

  • International depositions;

  • Removal from the Office of Foreign Assets Control (“OFAC”) Sanctions list.

What is International Extradition?

Where an individual located in one country is surrendered to another country to face trial or punishment. Countries may have agreements and treaties with each other to allow for expedited processes to occur. A treaty that allows for one country to request the assistance of another is called a Mutual Legal Assistance Treaty, or a “MLAT.” MLATs can be as simple as the exchange of information or they can be as detailed as the surrender of an individual who contests extradition and seeks to exercise their procedural rights in both their home country as well as the requesting country.

Some countries may prohibit or refuse to extradite individuals within their borders or individuals of specific nationality. Further, some countries may refuse to extradite their own nationals if certain types of crimes are charged or certain types of punishment may be the outcome. For example, Mexico and Latin and Central American countries will often not extradite their citizens if the potential punishment for a criminal charge will result in life in prison. 

The Office of International Affairs (OIA) with the Department of Justice (DOJ) maintains a list of countries for which the United States currently has treaties. It can be found here. The United States does not generally enter into extradition treaties with countries it believes are not governed by democracy. 

Intranational or Interstate Extradition

Where an individual is located in one state and is surrendered to another state, all within the United States. The Extradition Clause of the U.S. Constitution, Article IV, Section 2, allows for this process. 

It states:

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

Almost all of the states within the United States have adopted The Uniform Criminal Extradition Act (UCEA). The UCEA outlines the procedures and circumstances, to the extent it is not stated in federal statute, for interstate extradition. The surrender of an individual requested by one state is afforded due process. Court hearings are required and a defendant can challenge or waive extradition. 

Fugitive

Is someone really a fugitive? If someone has left the United States, are a United States citizen or are lawfully within the United States, and exited the country without pending charges, they are not, by definition, a fugitive. Someone is a fugitive when they have fled to escape or evade charges. Timing and language are important in cases involving extradition.

International Police Organization (INTERPOL) 

INTERPOL is not an international police force but is a network of member states that are staffed with local police. It is headquartered in Lyon, France and their website can be found here. Countries can choose to be members of INTERPOL. INTERPOL issues worldwide arrest notices (“Red Notice”) based on information provided to it by member countries.  

Red Notice

A Red Notice can be detected during an airport entry, exit, or layover and during a border entry or exit. A Red Notice does not have to be issued and published in order to arrest someone but in almost every case they are. 

Throughout the world, a Red Notice is often enough to detain and arrest someone. In the United States, a Red Notice by itself is not enough to satisfy the Fourth Amendment (the right to be free from unreasonable searches and seizures) and the United States will not arrest an individual without anything further to support the arrest. 

Red Notices are often improperly used to punish political rivals. Prosecution by high profile individuals, politicians, and those in high ranking military positions can often be the source of political motivation. 

Provisional Arrest Warrant

A Provisional Arrest Warrant, also known as a “PAW” is a bare-bones minimum arrest warrant package that is an expedited request to detain and arrest an individual. 

A full, formal extradition package will typically follow with further detailed information regarding the individual, the charges, and supporting evidence including the affidavit(s) of federal agents who claim that a crime has occurred. This package will be reviewed by the governments of both countries. Each country has their own procedure for determining whether to extradite an individual. 

The Role of Politics and Diplomatic Relations

The current politics and diplomatic relations between the two countries will dictate and decide whether an individual is extradited. This can and will change with new presidential administrations, military coups, and the rise and fall of various economic factors. 

The Castaneda Law Firm has substantial experience in navigating the many layers of this process. It is highly recommended that you do not wait until you have been extradited and arrived in a foreign country before retaining legal counsel. Many legal arguments and rights are waived if not timely raised at specific points in the extradition process. A United States judge will likely not evaluate whether your country properly allowed your extradition (the “rule of non-inquiry.”) There are exceptions to this rule and in those instances, certain steps must be taken to preserve legal defenses and arguments you may wish to raise later.  

Efforts to cooperate with the United States Government can also be hindered by the passage of time; certain opportunities will not exist once you have been extradited to the United States.

Contact our office to discuss the rights you may have, the legal arguments you could make, and the opportunities you may want to consider.