What are the extradition laws for a person living in the DR with court cases in Puerto Rico? These are not federal cases, but rather state of puerto rico supreme court cases.
- Thread starter Soy Jeffrey
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Extradition
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First off, all Criminal matters in Puerto Rico are the same as a Federal Case in the US. They can extradite to Puerto Rico, as it is similar to the US. It depends a lot on the charges. Unless it is a big case I doubt they would extradite.
Any person indicted of a felony in a country with extradition agreements with the DR can and will be subject to be arrested, an order of deportation and barring of re-entering the DR ever again, due process in a Dominican court to present any proof of political prosecution/false persecution if not then extradition.
Puerto Rico is not a country but an autonomous associate state of the USA (for all legal and world presentation), all extradition agreements between the DR and USA will be followed per case...
Hope this helps a little...
Puerto Rico is not a country but an autonomous associate state of the USA (for all legal and world presentation), all extradition agreements between the DR and USA will be followed per case...
Hope this helps a little...
From the "International Extradition Blog" by McNabb Associates:
http://www.internationalextraditionblog.com/2006_03_19_archive.html#_ftn10s
The bilateral extradition treaty between the Dominican Republic and the United States is nearly 100 years old and, as such, it contains a laundry list of offenses for which extradition can be had.[10] Trafficking in narcotics is not among the enumerated offenses.[11] Thus, under that treaty, extradition is not available for the charges facing Mssrs. Ortega and Bueno. However, both the United States and the Dominican Republic are parties to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which makes drug trafficking an extraditable offense in any bilateral treaty between signatory countries.[12] Because both men have already been approved for extradition, they will likely be sent to the United States shortly.
http://www.internationalextraditionblog.com/2006_03_19_archive.html#_ftn10s
The bilateral extradition treaty between the Dominican Republic and the United States is nearly 100 years old and, as such, it contains a laundry list of offenses for which extradition can be had.[10] Trafficking in narcotics is not among the enumerated offenses.[11] Thus, under that treaty, extradition is not available for the charges facing Mssrs. Ortega and Bueno. However, both the United States and the Dominican Republic are parties to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances which makes drug trafficking an extraditable offense in any bilateral treaty between signatory countries.[12] Because both men have already been approved for extradition, they will likely be sent to the United States shortly.
Awesome!
I think my associate will be ok
aranoid:
I know this is a DR board, but I am also trying to find info
about statute of limitations in PR in regard to narcotics trafficking.
Anybody know of a board or site where I can research this?
Thank you,
Jeffrey
I think my associate will be ok
aranoid:I know this is a DR board, but I am also trying to find info
about statute of limitations in PR in regard to narcotics trafficking.
Anybody know of a board or site where I can research this?
Thank you,
Jeffrey
Awesome!
I think my associate will be ok
I know this is a DR board, but I am also trying to find info
about statute of limitations in PR in regard to narcotics trafficking.
Anybody know of a board or site where I can research this?
Thank you,
Jeffrey
Once someone is charged with a crime the statue of limitations is void no matter how long he is a fugitive.
Your friend will probably get caught when he enters the US anyway.
Awesome!
I think my associate will be ok
I know this is a DR board, but I am also trying to find info
about statute of limitations in PR in regard to narcotics trafficking.
Anybody know of a board or site where I can research this?
Thank you,
Jeffrey
As far as I know, in PR the statute of limitations to narc trafficking is based on the availability of the witnesses and law enforcement personnel still being part of the institutions to which they served under when the arrest/gathering of the evidence was done.
If the case is based upon hard evidence enough to convict, then the statute will stand for as long that the person under indictment is on the run till capture...
Same goes for those that escape after being convicted and sent to prison, if they escape from there the arrest warrants will never be sealed...
You can visit the local criminal database to the public in Puerto Rico's net at US District Court - Puerto Rico District for more up to date info on your needs...
Like all of the posters said, if he skipped out on a case, he most likely has a warrant and warrants don't go away. Statute of Limitations comes into play when you are accused of wrongdoing (other than murder) in which the violation occurred many years (5 for rape in certain states) prior to being charged.
So in other words your friend is a sought after fugitive with a possible bounty on his head.
So in other words your friend is a sought after fugitive with a possible bounty on his head.
pichardo,
what you say is true and similar to other info i have gathered, the thought
is that my associate can leave and stay gone until such a time that the leo's are retired, moved or whatever and in the event that person is caught they could face a few months while the wrinkles are smoothed out, also because the case is not that huge(100k bond) and i think the extradition between the DR>PR is such that they would not pursue...
sky,
yes re-entry to the usa would for sure raise the red flag.
FWIW - to the best of my knowledge and research in PR if the person has been sentenced in absence(sentencia en ausencia) then he/she is SOL, but when a felony warrant has been issued for a fugitive of justice the policia de puerto rico have 1 year to find the fugitive or a statute of limitations will be in effect.... this is where i am stuck with the research as i can't find any case law in regard to the pdpr>statute loophole.
also of anybody needs to research cases/case law in PR there is a great site here:
Rama Judicial de Puerto Rico
or direct case access here:
Consulta de Casos
thanks to all of you for your help and info. if anybody has any good info
PLEASE share it with me.
jeffrey
what you say is true and similar to other info i have gathered, the thought
is that my associate can leave and stay gone until such a time that the leo's are retired, moved or whatever and in the event that person is caught they could face a few months while the wrinkles are smoothed out, also because the case is not that huge(100k bond) and i think the extradition between the DR>PR is such that they would not pursue...
sky,
yes re-entry to the usa would for sure raise the red flag.
FWIW - to the best of my knowledge and research in PR if the person has been sentenced in absence(sentencia en ausencia) then he/she is SOL, but when a felony warrant has been issued for a fugitive of justice the policia de puerto rico have 1 year to find the fugitive or a statute of limitations will be in effect.... this is where i am stuck with the research as i can't find any case law in regard to the pdpr>statute loophole.
also of anybody needs to research cases/case law in PR there is a great site here:
Rama Judicial de Puerto Rico
or direct case access here:
Consulta de Casos
thanks to all of you for your help and info. if anybody has any good info
PLEASE share it with me.
jeffrey
Stautes of Limitations...
vary from jurisdiction to jurisdiction, by the type of action (criminal or civil), and in some instances there is no statute of limitations (homicide).
The one thing that has not been brought forward here is that applicable statutes of limitations toll (stop) when an individual leaves/flees the jurisdiction where the offense has been commited.
Respectfully,
Playacaribe2
Note: The heading above should read Statutes of Limitations
vary from jurisdiction to jurisdiction, by the type of action (criminal or civil), and in some instances there is no statute of limitations (homicide).
The one thing that has not been brought forward here is that applicable statutes of limitations toll (stop) when an individual leaves/flees the jurisdiction where the offense has been commited.
Respectfully,
Playacaribe2
Note: The heading above should read Statutes of Limitations
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I don't think the bonding company would agree. I think you need to talk with a lawyer asap.
How do you think guys like this, make their living??
http://www.stuff.co.nz/images/338766.jpg
Normal police rules do not normally apply to them either. Best of luck to your friend. Might be easier for him to go back and face the music.
http://www.stuff.co.nz/images/338766.jpg
Normal police rules do not normally apply to them either. Best of luck to your friend. Might be easier for him to go back and face the music.
Hi Chip,
Let me clarify 2 points.
1. The fianza was completely paid by associate with cash.
2. We have been looking for one that has knowledge of puerto rican
law, specifically in regard to statute of limitations, extradition
etc..etc...etc...
You seem knowledgeable Chip, do you know a good lawyer?
Thank you,
Jeffrey
Let me clarify 2 points.
1. The fianza was completely paid by associate with cash.
2. We have been looking for one that has knowledge of puerto rican
law, specifically in regard to statute of limitations, extradition
etc..etc...etc...
You seem knowledgeable Chip, do you know a good lawyer?
Thank you,
Jeffrey
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Well it appears your friend doesn't need to be worried about bounty hunters. The next thing is to find out the extradition agreement the US has with the DR. Unfortunately, I don't know any good lawyers here. Being that this is a somewhat delicate and complicated topic, it might be best to call some lawyers offices and pay for a consultation to get good info.
Very true Chip. We are waiting for a consult with Frank Rubino out of Miami as he knows these types of cases(drugs/extradition).
I doubt he would bother with you at all. This is from his web site.
Practice Limited to Large Scale Drug Smuggling Litigation
With more than 30 years of experience with international drug smuggling cases, Mr. Rubino does not accept small-scale possession cases. He limits his drug defense practice to around ten cases per year, including only cases involving large-scale international trafficking, importation, and distribution. Few other drug trafficking defense lawyers can successfully bring cases all the way to the United States Supreme Court.
By the way, I think this whole thread is BS anyway. No one posts this type of thing on the Internet. Also if the bail is only 100k. it is a small case. You could not hire Rubino without at least a $250,000 retainer.
Thanks to all of you for your input. This will be my last post on this subject.
SKY - not looking for rubino to represent, rather a one time consult.
jruanne44 - the ONLY person that will judge me is god. i know what kind of man i am and that is the type that does not run away with his tail between his legs when his friends are in trouble.
"Do not judge, and you will not be judged. Do not condemn, and you will not be condemned. Forgive, and you will be forgiven" - Luke 6:37
SKY - not looking for rubino to represent, rather a one time consult.
jruanne44 - the ONLY person that will judge me is god. i know what kind of man i am and that is the type that does not run away with his tail between his legs when his friends are in trouble.
"Do not judge, and you will not be judged. Do not condemn, and you will not be condemned. Forgive, and you will be forgiven" - Luke 6:37
[
Do not judge, and you will not be judged. Do not condemn, and you will not be condemned. Forgive, and you will be forgiven" - Luke 6:37[/COLOR]
This passage was written about two thousand years before millions of lives have been destroyed by the narcotic trade. So let your friend peddle his poison while you sit back and defend him using the Bible to justify your loyalty. If your'e not part of the solution, you're part of the problem.
Do not judge, and you will not be judged. Do not condemn, and you will not be condemned. Forgive, and you will be forgiven" - Luke 6:37[/COLOR]
This passage was written about two thousand years before millions of lives have been destroyed by the narcotic trade. So let your friend peddle his poison while you sit back and defend him using the Bible to justify your loyalty. If your'e not part of the solution, you're part of the problem.
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