In much of the United States, international drug trafficking is mostly a genre of fear-mongering that keeps people busy for the 11 months out of the year when their email forwards and Facebook posts about neighbors poisoning Trick or Treat candy would not be well received, even by the most anxious recipients.
In Texas, though, illegal drugs enter from other countries frequently. In most states, you might get criminal charges if you buy weed from a friend of a friend and resell it, even if the confiscated drug sample also tests positive for stronger drugs. In Texas, though, you are in greater danger of facing charges for international drug trafficking conspiracy. Drug trafficking cases where the drugs cross international borders are even more complex than most federal cases. In some instances, there is even a question of which country should prosecute the defendant’s case. This sometimes leads to defendants being extradited from one country to another, as in recent cases that have received news coverage about defendants facing extradition from Colombia to the United States. If you are under investigation for drug crimes in more than one country, contact a drug crimes attorney.
Requirements for Extradition
Extradition is only possible if the two countries involved have signed an extradition treaty, among other requirements. In other words, unless all the conditions are met for extradition, you can commit a crime in one country and go on with your life in another with little fear of prosecution. These are the requirements for extradition:
● The country where the defendant is currently located and the one that wants to extradite him or her must have a valid extradition treaty
● The offense of which the defendant is accused must be an extraditable offense, pursuant to the treaty
● The sending country must be satisfied that the defendant will receive a fair trial and, if convicted, an appropriate penalty in the destination country
For this reason, extradition is common in cases of drug trafficking, murder, and financial crimes. If you are accused of political dissident activity in your home country and you travel abroad, the other country will not extradite you.
The Different Types of Extradition Agreements
Colombia and the United States have a dual criminality treaty; this is one of two possible kinds of extradition agreements. A dual criminality treaty states that the countries may extradite defendants in criminal charges if the charges they face are felonies in both countries. That means that you can get extradited to the United States from Colombia if you get accused of drug trafficking, armed robbery, identity theft, or any of numerous other felonies. The other type of extradition treaty is called a list treaty. This kind of treaty lists the specific offenses for which the two countries may extradite defendants.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A criminal defense lawyer can help you if you are under investigation for trafficking in illegal drugs. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas to discuss and expertly handle your case.