Author Archives: David S. Zapp and Johanna S. Zapp

After sentencing, a federal defendant can request to be housed at a specific prison facility. However, defendants should […]

A motion was made recently in a D.C. case to dismiss an indictment and transfer the case to the Southern District of Florida […]

Hearsay evidence is the evidence of those who relate, not what they know themselves, but what they have heard from others. […]

For those of you who are Americans or who live in the U.S., the Clemens debacle is well known. It deals with a very famous […]

The Second Circuit has made it very clear that if you do not move for a dismissal based on a violation of your right […]

The Constitution recognizes that certain crimes, like piracy, may be committed beyond the geographical confines of any federal […]

At sentencing in the case of US v. Espinosa, defense counsel objected to the Pre Sentence Report’s recommendation […]

In a recent extradition ruling by the Colombian Supreme Court, I noticed that there was a “condition” that was […]

In U.S. v. Griffith, decided October 10, 2004, the Court held that the information given by the defendant in his pretrial […]

I would be very careful about hiring someone who presents themselves as a “paralegal” and has a business […]

This is a cautionary tale. It is not meant to criticize or complain. It is meant to warn defendants about the risks they […]

In the recent case of U.S. v. Castillo, Judge Robert Sweet of the Southern District of New York handed down a sentence […]

An incident occurs in Colombia or elsewhere with a Colombian nexus: a seizure of cocaine, or a plane laden with cocaine […]

It used to be that a judge increasing a defendant’s sentence after a successful appeal was presumed to be acting […]

On November 14, 2003 a Federal Court of Appeals decided that neither the Extradition Treaty between the United States and […]

In a stunning upset for the Government, the Third Circuit has taken a sympathetic position on “family circumstances” […]

If a previously deported alien is apprehended in the United States and charged with illegal re-entry, he can face more […]

In Washington, D.C. and perhaps elsewhere in the United States, Colombian defendants are being accused of a crime they did […]

When the Bronx NYPD conducts a search that results in the seizure of a gun, there is always a chance the cops will tailor […]

A recent decision, out of the Court of Appeals for the Second Circuit, finally addressed the question of “reasonableness” […]