Drug Trafficking and Extradition The process is complicated and is regulated by treaty Home Drug Trafficking and Extradition Building a strong defense Drug-related offenses, which are often prosecuted alongside money laundering, carry some of the most severe punishments in the United States. Those convicted of drug trafficking face a possible sentence of life in prison and fines of up to $10,000,000, while those guilty of money laundering can be punished with up to 20 years in prison and fines of up to $500,000 (or twice the amount of money laundered, whichever is greater), with the money subject to asset forfeiture. When accused of one of these offenses, it is absolutely vital to be represented by effective legal counsel. While numerous factors can impact final sentencing in drug trafficking-related crimes, those that carry the most weight are the type and amount of drugs involved and the role of the accused in a crime in which drugs are possessed, smuggled, delivered, manufactured or intended for import to the United States. Conspiracy charges Conspiracy, when two or more people act in concert to commit a greater offense, is one of the most commonly prosecuted crimes in drug trafficking cases in U.S. federal courts. Conspiracy represents an extremely powerful tool for law enforcement as it can be used to prosecute every single member of a criminal organization involved in a criminal offense, such as drug trafficking, regardless of their importance or role. Not only does the law give prosecutors the ability to charge all members of the criminal organization with the crime, it also holds each one accountable as if they had committed the entire offense themselves, regardless of their level of involvement. Though prosecutors are ultimately interested in the main players of an organization, they may use a conspiracy charge to put pressure on lower-level members in order to coerce them into cooperating. A low-level member of a criminal organization, realizing that he or she may go to prison for the same amount of time as his or her more culpable co-conspirators, will most often turn on them, providing law enforcement with valuable evidence enabling them to successfully prosecute higher-level members. Given that a large part of law enforcement, in particular counter-narcotics, is based on intelligence obtained from cooperating sources, prosecutors are also able to use conspiracy charges to persuade higher-level members to provide information and evidence against their partners and those who act as suppliers or help them operate, including those in finance roles who assist in laundering money. Though it may be difficult to prove the exact extent of a higher-level member's involvement in such a complex organization, the crime of conspiracy is a highly effective tool in prosecuting criminal organizations that may otherwise prove difficult. It is far easier and equally effective to prove that a person has participated in a criminal activity than it is to show to what extent. The law behind conspiracy is complex and the charge is itself is a grave one. Due to the nature of the charge, a defendant may be responsible for the acts of his or her co-conspirators and, as such, it is important to be able to protect oneself from co-conspirators who may turn on other members of the organization. Money laundering charges In the United States, it is a crime to “wash” or “clean” the proceeds of any crime, including drug trafficking. Money laundering represents an additional liability in drug trafficking, as it is possible to charge a person for drug trafficking and money laundering simultaneously. In some cases, a prosecutor may opt to pursue a drug-trafficking operation solely through its finances. This is often the case when there is insufficient evidence to charge a person with drug trafficking, but enough to accuse him or her of money laundering. Fighting charges Consulting a lawyer is the best way to understand conspiracy charges and the consequences. The legal process and federal sentencing guidelines are complex and require an expert who can advise on the correct strategy. A criminal defense lawyer will first analyze possible defenses or motions to suppress evidence, for instance illegally obtained statements and information gathered from wiretapping. When a prosecutor is faced with the possibility of losing valuable evidence, a criminal defense lawyer may use the opportunity to negotiate a favorable settlement without going to court. In cases in which a favorable settlement cannot be reached, the attorney may file a motion to have the evidence in question excluded from the trial, weakening or even eliminating the prosecutor’s ability to win. When faced with drug trafficking or money laundering charges, a tight and fast-moving legal defense is paramount. As a criminal lawyer in Miami-Dade County, Jay White has successfully defended many clients in drug trafficking, conspiracy and money laundering charges. Voluntary surrender & extradition Extradition is a formal process between two countries in which a wanted person is transferred from one country to the other for the purpose of facing criminal prosecution and sentencing. As such transfers are managed jointly between the countries, the process is complicated and is regulated and governed by treaty. Extradition can be an extremely slow process, as the U.S. Government must adhere to a very specific and formal procedure. Individuals wanted by the authorities and subject to extradition may prefer to opt for voluntary surrender and the benefits that accompany it. When a person wanted by the American government is facing capture and extradition it is possible to organize a negotiated surrender through a lawyer. Before being apprehended, a wanted person has significant leverage due the time, effort and money that the extradition process represents for the U.S. Government. This opportunity to influence the process can be used to negotiate a global solution for the case. Oftentimes, the first to negotiate fares better. When subject to extradition, it is of interest to deal with the inevitable on terms that one can control and benefit from. Waiting without taking action will only serve to waste a valuable opportunity and even worsen the situation in the case of capture or arrest. Consultations with a lawyer are always confidential. As a criminal defense attorney, Jay White represents clients in extradition cases in Miami-Dade County. International Drug Trafficking and Extradition FAQ How can I know if I am in trouble with the law for a drug-related issue? How do I know if I have a provisional arrest warrant (PAW)? How can I confirm what charges and evidence exist against me? What length of time could I be facing in jail? What is simplified extradition? Are there any alternatives to extradition? What are the benefits of voluntary surrender? Is it possible to voluntarily surrender after charges have been filed? What are the federal guidelines for sentencing? Is it better to go to trial or plead guilty? Which countries have extradition treaties with the United States? What can happen to the family of someone accused of a drug trafficking-related crime? Practice areas Drug Trafficking and Extradition Conspiracy Asset Forfeiture Removal or Deportation In the Media Latest ¿Qué sigue en el caso de los familiares del presidente Maduro? January 08, 2016 Miami Offices. The White Building • 2nd Floor 1 Northeast 2nd Avenue Miami, Florida, 33132. +1 305.965.1200 jay@jayawhite.com Colombia Offices. Carrera 50 No. 64-72 • Torre 2 Oficina 1503 Bogotá, Colombia. +1 305.965.1200 (WhatsApp) jay@jayawhite.com © 2019 Jay A. White Powered by Media Query Inc.