Miami Criminal Defense Lawyer Blog

Manuel Noriega continues to fight his extradition to France. His attorneys have filed a petition with the United States Supreme Court in a last ditch effort to avoid being sent back to France to stand trial. He has already been convicted in absentia, but France has promised him a new criminal trial upon his return. Noriega was convicted in 1992 in a Miami, Florida federal court for cocaine trafficking, money laundering and racketeering. He completed his prison sentence more than two and a half years ago, but remains confined awaiting the final decision on his extradition. France is waiting to charge Noriega for allegedly laundering money through French banks. Noriega's criminal defense lawyers hope that the highest court in the land will hear the appeal based on a Supreme Court justice's dissenting opinion on another case.

Noriega's appellate attorney believes that a finding in favor of Noriega could force the federal court system to handle differently the cases of the Guantanamo Bay detainees that are being held as prisoners of war. Noriega is trying to use his prisoner of war status to block his extradition. His attorneys believe that his prisoner of war status under the Geneva Convention gives him the right to be repatriated back to Panama. The federal courts have ruled otherwise and have deemed the extradition to France proper. Legal experts highly doubt that the Supreme Court will even hear the case. They believe that the Supreme Court would rather address the Guantanamo detainees because there are over two hundred cases dealing with that matter.

If the Supreme Court were to hear the case, even a Miami military lawyer knows the Military Commissions Act of 2006 prohibits the use of the Geneva Convention in federal court to secure one's release or prevent one's extradition. Noriega and the Guantanamo Bay detainees are trying to use the Geneva Convention to convince the federal government that all prisoners of war have right under the act to be sent home or repatriated at the cessation of hostilities. Justice Thomas wrote in his dissent on another matter somewhat related to the aforementioned matters, "Whatever conclusion we reach, our opinion will help the political branches and the courts discharge their responsibilities over detainee cases, and will spare some detainees and the government years of unnecessary litigation."

Noriega's appellate attorney states, "He's entitled to protection under the Geneva Convention. It requires that prisoners of war be repatriated after the cessation of hostilities." Not only does France want a piece of Noriega, but so does his home country of Panama. He is accused of murdering a political rival prior to his capture by United States armed forces. The United States has decided to honor France's extradition request over Panama's, probably for political reasons. The United States Attorney's Office has filed a petition in federal court to extradite Noriega to France immediately. The federal judge presiding over the case has yet to make a ruling on the petition. If his final effort with the Supreme Court fails, he can still appeal to the Secretary of State whose signature in necessary to complete the extradition procedure.

Noreiga Appeals to the U.S. High Court to Avert Extradition to France, CNN.com, February 18, 2010.

Federal law enforcement authorities recently released a report indicating that the majority of fugitives are eventually captured in Miami and the South Florida area. The United States Marshal's Office have a wide variety of responsibilities including guarding federal courthouses, overseeing the federal witness protection program and selling of seized assets forfeited by criminals. The Marshals spend countless man-hours capturing would be fugitives. In 2008, the marshals were responsible for the capture of 36,000 federal fugitives and approximately 73,000 local and state fugitives. More than half of those were captured in Miami and South Florida. Supervisory Deputy Barry Golden gave the following explanation for the skewed numbers. "Part of it is the weather. But also, South Florida is a multi-national, multi-racial, multi-lingual, is there anyone who really stands out; not really, it is easy to blend in."

As a result of the large number of fugitives being captured in Miami and South Florida, many Miami criminal lawyers have garnered extensive expertise in extradition matters. If a federal fugitive is captured in South Florida, that individual will be housed in the Miami Federal Detention Center until the federal court with jurisdiction completes the extradition process returning the fugitive to the location where he or she will face charges. If the fugitive has local or state charges pending, the defendant will be housed at the Miami-Dade County Jail until the jurisdiction from where the offense originated decides whether or not they wish to spend funds and manpower to pick-up and deliver the fugitive. Other cases involving fugitives involve military law. Active duty soldiers from the Army, Navy. Air Force or Marines are regularly wanted for the charges of Absent Without Leave (AWOL) or Desertion. Once a military unit declares a soldier AWOL, an arrest warrant will soon there after issue. Any service member picked up on this type of warrant is typically held in local custody until picked up by the military. As a Miami military lawyer, is has become evident that the current state of our military forces has caused an increased number of AWOL and desertion charges.

Anyone arrested on out-of-state or military warrant will be taken to the Miami-Dade County Jail and will appear at a bond hearing the following day. The judge will review the jail card and determine that a hold from a foreign jurisdiction exists. The judge will place a hold on the file with a no bond hold. The jail card will reflect that the fugitive is to be held until XYZ county or the military releases the hold. Several scenarios can take place. If a fugitive waives extradition, the local, state or military authorities have approximately two weeks to come to Miami and pick up the fugitive. The out-of-state jurisdictional authorities can ask for an extension of time which will be granted by the court. Therefore, the fugitive may be held up to 30 days in jail without a bond. If the 30 days passes, the fugitive will most likely be released barring extraordinary circumstances.

If you or a loved one is being held with a bond in the Dade County Jail on an out of jurisdiction case, contact a Miami extradition lawyer. A Miami criminal attorney experienced in extradition matters may be able to provide assistance. Depending on the severity of the offense, an out of state jurisdiction may agree to set a bond in lieu of spending time and money on retrieving a fugitive. A lawyer will contact the prosecutor's office in the jurisdiction where the offense is alleged to have occurred and negotiate setting a bond. Once the prosecutor agrees to the bond, that information will be transferred to Miami where the jail card will be amended to reflect the bond. In military case, a well-versed Miami military lawyer will contact the appropriate military installation AWOL apprehension unit and have them agree to the release of hold. The armed service will also provide an airline ticket to the installation of their choice. Most of the time, service members will be required to return to the unit from where they last reported for duty. Even if a fugitive is being held without a bond, there are solutions to the problem which will not require them to remain in custody for up to a month.

Lasso many in South Florida, The Palm Beach Post, January 21, 2010.