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Author Archives: David S. Zapp and Johanna S. Zapp
Question & Answer
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 […]
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United States v. Hawkins: The Buyer-Seller Rule
By Steve Statsinger (Introduction by David Zapp)
United States v. Hawkins addresses an issue that comes up in discussion among defendants and lawyers all the time: […]
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In Unity There is Strength
In a recent case in Washington, DC an important lesson was learned that should be of interest to people awaiting trial […]
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Guilty Plea with an Exception
There is no such thing as a “plea of guilty with an explanation.” If you feel the need to explain your reason […]
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The Danger of Paying Too Little and Other Observations
There was a case in which defendants were offered a reasonable deal. One lawyer in particular was advocating the plea, almost […]
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Credibility of a Witness
A case recently came down from the court of appeals for the second circuit reiterating the long established rule that […]
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The Next Best Thing
A woman living in a small town in Colombia has an aunt with a narcotics case in New York. Her aunt is going to be extradited. […]
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US v. Arbane
This is a case that addresses the principal issues surrounding most drug importation cases. It addresses the issues that […]
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Fish or Cut Bait
At a hearing held recently in Washington, D.C., a federal judge told the prosecutor, in no uncertain terms, that if […]
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Unnecessary Motions Result in Unnecessary Delays
Recently in Washington D.C. four defendants’ lawyers made a motion seeking postponement of the date by which defendants […]
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What That Shows . . .
“What that shows . . .” is a new column that will run from time to time to illustrate universal truths […]
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Paramilitaries Focus on Politics Not Crimes
Four of the paramilitary defendants being tried in Washington DC made a political statement in court recently after appearing […]
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Voluntary Surrender
A Colombian reader suggested I write a column about surrendering to U.S. authorities. While this article deals specifically […]
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The Paramilitaries and Importation of Drugs
It is puzzling to think that the U.S. government has enough evidence to convict recently extradited Colombian paramilitaries […]
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Cooperation vs. Safety Valve
When a defendant decides to cooperate, he or she signs a cooperation agreement stating their willingness to assist […]
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Choosing Lawyers II
With the arrival of 14 paramilitaries extradited from Colombia, now is a good time to discuss how to go about choosing a lawyer. […]
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Defendant Rules to Live By
1) Work with the evidence.
Play the hand that is dealt to you, not the hand you want. For example, you may not have anticipated that your phone […]
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If It’s Not on the Record, It Didn’t Happen
To those of you fed up with your lawyers or the system, let the judge know immediately. There is a saying in law, “If […]
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Faith in the American Justice System
The Simon Trinidad case just goes to show that someone accused of belonging to a terrorist organization and distributing […]
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Delays in Deportation as a Basis for Reduction in Sentence
Because deportation can take months, deportable aliens should ask the sentencing judge for at least a month reduction in […]
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