Switch to/Cambie a:
Download Newsletters/Boletínes
English:
Newsletter 89
Newsletter 88
Newsletter 87
Newsletter 86
Newsletter 85
Newsletter 84
Newsletter 83
Newsletter 82
Newsletter 81
Newsletter 80
Newsletter 79
Newsletter 78
Newsletter 77
Newsletter 76
Newsletter 75
Newsletter 74
Newsletter 73
Newsletter 72
Newsletter 71
Newsletter 70
Newsletter 69
Newsletter 68
Newsletter 67
Newsletter 66
Newsletter 65
Newsletter 64
Newsletter 63
Newsletter 62
Newsletter 61
Newsletter 60
Newsletter 59
Newsletter 58
Newsletter 57
Newsletter 56
Español:
Boletín 89
Boletín 88
Boletín 87
Boletín 86
Boletín 85
Boletín 84
Boletín 83
Boletín 82
Boletín 81
Boletín 80
Boletín 79
Boletín 78
Boletín 77
Boletín 76
Boletín 75
Boletín 74
Boletín 73
Boletín 72
Boletín 71
Boletín 70
Boletín 69
Boletín 68
Boletín 67
Boletín 66
Boletín 65
Boletín 64
Boletín 63
Boletín 62
Boletín 61
Boletín 60
Boletín 59
Boletín 58
Boletín 57
Boletín 56Call/Llamada David Zapp
(917) 414-4651Search Articles/Busque Artículos
Recibe Los Artículos por Correo Electrónico
Receive Articles by E-mail
Subscribe to English Articles
Suscríbase a Artículos en Español
Recent Comments/Comentarios Recientes
- David S. Zapp on New York Federal Prosecutors Do Not Recommend Sentences
- David S. Zapp on Question from a lawyer
- David S. Zapp on Q and A
- David S. Zapp on El partido republicano de los Estados Unidos cambia para adoptar una actitud menos rigurosa sobre las condenas
- David S. Zapp on El Ministro de Justicia respalda una propuesta para reducir las condenas por drogas
-
Recent Articles/Artículos Recientes
Submit a Question/Envíe su pregunta
Categories/Categorías
Archives/Archivos
- July 2021
- February 2021
- September 2020
- August 2020
- May 2020
- October 2019
- September 2019
- August 2019
- January 2019
- June 2018
- February 2018
- January 2018
- March 2017
- December 2016
- October 2016
- September 2016
- July 2016
- April 2016
- February 2016
- December 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- December 2014
- November 2014
- September 2014
- August 2014
- March 2014
- February 2014
- January 2014
- November 2013
- October 2013
- August 2013
- July 2013
- June 2013
- March 2013
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- April 2012
- January 2012
- November 2011
- September 2011
- August 2011
- May 2011
- February 2011
- December 2010
- November 2010
- October 2010
- September 2010
Category Archives/Archivos de la categoría: Articles
Extradition: “We don’t care how you get here.”
A Federal judge in Manhattan refused on Tuesday to dismiss charges against a defendant whose lawyer had argued that his client’s extradition from a Far East country was a result of improper political pressure brought to bear on the little country by the United States.
But the law is clear: unless a U.S. government agent points […]
Posted in Articles
Comments Off on Extradition: “We don’t care how you get here.”
Extradition in Colombia Still a Tool for Justice and Abuse
Written by Hannah Stone | Wednesday, 10 August 2011
Extradition to stand trial in the U.S., long the biggest fear of Colombian drug traffickers, could now be a softer option, offering shorter jail terms and even impunity to criminals.
Posted in Articles
Comments Off on Extradition in Colombia Still a Tool for Justice and Abuse
It’s Not Nice To Fool Uncle Sam
The Strauss Kahn rape case in New York City is very instructive for defendants who think they can make up a story and get away with it. A chambermaid in a New York hotel accused Strauss-Kahn, the head of the World Bank, of raping her. The maid came up with a story and believed that […]
Posted in Articles
Comments Off on It’s Not Nice To Fool Uncle Sam
Go tell it to the (jury.)
Anyone still not convinced that a defendant can get a fair jury trial in the United States? Defendant Casey Anthony’s baby was found brutally dead, duct tape over her face, the stench of her corpse in the trunk of her mother’s car, her mother not reporting her baby missing for a month and partying to […]
Posted in Articles
Comments Off on Go tell it to the (jury.)
Transferring a Case to Another District
Question: How can Rule 20 be applied? What are the steps to follow and what would you recommend?
Answer: Rule 20 of the Federal Rules of Criminal Procedure allows a defendant to have his or her case transferred from the district where the case is pending to the district where the defendant is physically located so […]
Posted in Articles
Comments Off on Transferring a Case to Another District
Question from an inmate
Question: A lot of letters are sent to Combita from Colombian inmates in the United States, who say that they feel that their human dignity is violated; that is, they feel like they are “objects” to the prosecutors and agents in their case. Is this true?
Answer: This is not true. Agents and prosecutors may be […]
Posted in Articles
Comments Off on Question from an inmate
Question from a Lawyer
Question: I heard you had a case where you were able to convince the district court to deny the government’s request for a two-level enhancement based on laundered funds allegedly derived from drug trafficking. If it was a reported case, could you send me the citation or any other cites you used? I would appreciate it.
Answer: It was […]
Posted in Articles
Comments Off on Question from a Lawyer
10 Questions for the U.S. Drug Czar
The following interview is useful for individuals accused of importing drugs into the United States. In every jurisdiction the federal law is the same: the defendant must be proven, directly or circumstantially, to actually have known that the drugs in question were going to the United States. It is not enough to assume that everyone […]
Posted in Articles
Comments Off on 10 Questions for the U.S. Drug Czar
Cooperation in a Criminal Case: Inside a Proffer Session
You’re a defendant in a U.S. jail charged with drug trafficking. You want to cooperate, so your lawyer contacts the prosecutor and sets up a meeting. The appointed day arrives and you are brought to the courthouse and placed in the marshal’s pens. The agents involved in your case come to get you and take […]
Posted in Articles
Comments Off on Cooperation in a Criminal Case: Inside a Proffer Session
Hung Juries
Two days before the jury at the embassy bombing trial of Ahmed Khalfan Ghailani would reach a verdict, it seemed to be on the verge of a deadlock.
A juror sent a note to the judge on Monday asking to be excused. Her decision, she wrote, was “not going to change” and she was being attacked […]
Posted in Articles
Comments Off on Hung Juries
Question & Answer
Question: Someone who went to the United States told me about a case titled USA v. Smith where the codefendants received a six month reduction in their sentence due to immigration. The defendants are from Colombia, and they are now in Washington, D.C. My husband would like to know whether you’ve heard about that case […]
Posted in Articles
Comments Off on Question & Answer
Drug Dealing, Money Laundering Not Always U.S. Crimes
To be prosecuted for a crime in the United States, the crime must have occurred in the United States or had an impact on the United States. If there is no evidence to support those claims, then the crime cannot be prosecuted in the U.S.
To convict a member of a drug […]
Posted in Articles
Comments Off on Drug Dealing, Money Laundering Not Always U.S. Crimes
Do Not Go Directly to Jail
PRISON crowding has reached crisis proportions: the legacy of the war on drugs and long, mandatory sentences.
The federal government can take one important step to help states comply: deport many immigrant criminals before they enter prison, not after.
Non-citizen criminals represent a significant percentage of American prisoners: in 2009, some 25 percent of federal prisoners and […]
Posted in Articles
Comments Off on Do Not Go Directly to Jail
Heads Up New Jersey Federal Defendants
I was appalled to hear that defense attorneys have been consenting to sixty-day adjournments, at the government’s request, before an indictment against a defendant is filed. If the defendant is cooperating, then the adjournment is justified. But what advantage does a defendant who is not cooperating get from these delays? None. After being indicted, defendants […]
Posted in Articles
Comments Off on Heads Up New Jersey Federal Defendants
The Exclusionary Rule—Going, Going, Going
The exclusionary rule was a judge made rule that excluded evidence from being presented at trial where the evidence was seized or otherwise obtained in an illegal manner. The evidence might be drugs seized from an apartment without a warrant or without any probable cause to support a search. Or it could be a confession […]
Extradition and Discovery
“Discovery” is the evidence the government has collected to use against a defendant. It is governed by Rule 16 of the Federal Rules of Criminal Procedure and says in substance, “Upon a defendant’s request, the government must disclose [his or her discovery] to the defendant . . .” Rule 16 lists […]
Posted in Articles
Comments Off on Extradition and Discovery
Ineffective Assistance of Counsel
In another second circuit case, on October 19, 2010, the court departed from its usual practice of deferring “ineffective assistance” of counsel claims until after the defendant exhausted his direct appeals. The rationale for the practice is well founded. Generally there is not enough evidence in the record for a judge or an appeals court […]
Posted in Articles
Comments Off on Ineffective Assistance of Counsel
Drug Conspiracy – “Knowledge”
In USA v. Jaime Enrique Romero-Padilla, the Second Circuit Court of Appeals adopted the District of Columbia’s appellate court ruling that importation offenses require proof of actual knowledge by the defendant where the government does not prove intent. The law provides that it is “unlawful for any person to manufacture or distribute a controlled substance […]
Posted in Articles
Comments Off on Drug Conspiracy – “Knowledge”
Knowledge of Drug Type Not Required
United States v. Hassan is a drug conspiracy case that addresses a frequent argument. Can defendants be convicted without knowledge of the type of controlled substances they are accused of conspiring to possess or distribute? Yes.
In an amended opinion, the Second Circuit Court of Appeals wrote, “We grant the government’s request that we amend the […]
Posted in Articles
Comments Off on Knowledge of Drug Type Not Required
Extradition-Sentence Reduction for Deportation Delays
In a case out of the District of Connecticut, a judge finally recognized and addressed the delays in deportation resulting in the service of additional time by extraditees who have already completed their sentences. The following colloquy is from the sentencing in that case. […]
Posted in Articles
Comments Off on Extradition-Sentence Reduction for Deportation Delays