Question: I am writing in regards to the article “Unnecessary Motions Result in Unnecessary Delays,” which states that a trial must be commenced within 70 days from the date of arrest. Would this apply to someone who is awaiting extradition to the Southern District of Florida (Miami Dade) from Puerto Rico? The arrest was made December 5, 2008.
Answer: The defendant is actually awaiting “removal”—not extradition—from one federal district to another. The speedy trial rule allows for a “reasonable” amount of time for the defendant to be transferred from one district to another. That time is not counted toward the 70 days.
Since his arrest was in December, 2008 and it is now only mid-January, it does not seem like the amount of time that has passed is “unreasonable.” I would consider two months to be “unreasonable.” But if the lawyer in Puerto Rico has made any motions or asked for adjournments, then that time is not counted towards any computation as the delay was not the fault of the government.
Question: In regards to the discovery, the lawyer of one of the defendants called the Southern District and asked for the discovery but they told him it was not available. What can be done about this?
Answer: Well, it is available, but they do not want to give it over until the defendant gets to the Southern District, which should be soon. By the time you make a motion to force the prosecutor to give you the discovery, the defendant will already be in the district. In this case, it is best to just be patient.
In extradition cases where a defendant can sit waiting for months, like in Colombia, it is appropriate to file such a motion. The motion may or may not be successful, but it will certainly get the prosecutor’s attention. In this type of situation, when you push the prosecutor, ever so slightly, it is good for the defendant. It lets the prosecutor know that someone cares about the defendant and will do what is necessary to get things done. It does not pay to shove, but a slight push will do.