This same reader asked a series of questions that may be of interest to all of you.
Q: Would defendants be viewed as informants in Colombia because they negotiate their surrender?
DSZ: The suspicions would be there, but it is not always the case. Some simply want to get their cases over with and do not want to spend 18 months waiting in Cómbita (the Colombian prison) only to be extradited at the end of this time period.
Q: Defendants fear that the DEA will arrest them without having listened to what they have to say. What can you tell me about this?
DSZ: Ordinarily the DEA will arrest defendants without asking questions. Generally a person who surrenders already has a lawyer and the law in the United States does not permit interrogations without the consent of the defendant and his lawyer. If you say you want to surrender, that is all DEA is concerned about.
Q: Defendants believe that their statements will be used against them, without getting a reduction in sentence. Is this so?
DSZ: On the contrary. In the context of cooperation, the information that is provided during questioning cannot be used against the defendant. This is contained in a written agreement. Everything a defendant does or says during his cooperation that is helpful to the authorities, even if it implicates the defendant in the offense, will be used in the defendant’s favor to support a reduction of sentence.
Q: If a defendant does not know the charges that exist against him or her, is it possible to find out in advance?
DSZ: You will know the charges against you. You will know where you are wanted, the judicial district, the name of the prosecutor and even the name of the judge. You can probably even obtain the formal grand jury indictment (if it is not under seal). Believe me, you will know exactly what the situation is.
Q: How can a defendant know if there is a legal basis to support the surrender? A defendant does not know this and views the surrender as a negotiation.
DSZ: Generally, the basis of the complaint is known. Just by reading and analyzing the complaint you would know how the case originated.
Q: How can defendants know that surrendering will help them? And, if it does, to what extent does it help?
DSZ: I think it will always help, regardless of whether the defendant cooperates, or not. It is evidence of his good faith and his “acceptance of responsibility.” That goes a long way. Americans do not like you to play games with them, and they really appreciate when you don’t. How much surrendering helps will depend on the judge and the prosecutor.
Q: What can you tell defendants who argue that it is best to wait until President Uribe’s term is up, and wait for the new president with whom they may be able to negotiate? An infantile thought?
DSZ: You got that right. Unless there is someone out there who is willing to give Colombia 6 billion dollars (the amount of aid America gives Uribe) not to extradite Colombians, I would not hold my breath. I would say that it is always best to surrender instead of waiting to be arrested and sent to Cómbita.
Q: Thank you for your commentaries.
DSZ: No, thank you for asking me these questions. They are questions that are probably on the minds of many people in Colombia, México, and other parts of the world.