international law

[nancydeltoro]

international law/extraditions

I have a friend who was extradited from Mexico and was assured (based on an agreement between the 2 countries) that he would only receive up to 20 years. When he went to court he was given 2 life sentences. Does USA HAVE to abide this agreement? Does it constitute an illegal sentence? This is a very high profile case that went to court 10 years ago and he wants to know if he can appeal based on an illegal sentence?What is the name of your state (only U.S. law)?

[Antigone*of*Greece]

Originally Posted by nancydeltoro

international law/extraditions

I have a friend who was extradited from Mexico and was assured (based on an agreement between the 2 countries) that he would only receive up to 20 years. When he went to court he was given 2 life sentences. Does USA HAVE to abide this agreement? Does it constitute an illegal sentence? This is a very high profile case that went to court 10 years ago and he wants to know if he can appeal based on an illegal sentence?What is the name of your state (only U.S. law)?

So your friend waited a whole 10 years to ask? Why didn't he ask his attorney at the time of sentencing?

[FlyingRon]

Who assured him?

Did he waive extradition as part of some deal?

As stated, this is all stuff the lawyer should have raised at sentencing.

[nancydeltoro]

He was unaware that the extradition treaty had been amended at the time of his sentencing. He has actually been working on this himself for years and actually knows he has grounds for an illegal sentence. It has been reviewed by various attorneys and found to be actionable. Because it is a very high profile case along with international implications he is having a difficult time finding representation. The quoted fees are exorbitant. He did not know to ask his attorney at the time because he was unaware of how the extradition treaty was worded.

[HomeGuru]

Originally Posted by nancydeltoro

He was unaware that the extradition treaty had been amended at the time of his sentencing. He has actually been working on this himself for years and actually knows he has grounds for an illegal sentence. It has been reviewed by various attorneys and found to be actionable. Because it is a very high profile case along with international implications he is having a difficult time finding representation. The quoted fees are exorbitant. He did not know to ask his attorney at the time because he was unaware of how the extradition treaty was worded.

**A: so what's the big deal?

[outonbail]

Tell him not to stress that second life sentence too much. Truth be known, after he departs from his current life, they will release him,,,,

[nancydeltoro]

Silly me; I thought this was for serious questions and not for people to make witty remarks. Here is hoping that all your problems will never be solved.

[Zigner]

Originally Posted by nancydeltoro

Silly me; I thought this was for serious questions and not for people to make witty remarks. Here is hoping that all your problems will never be solved.

The best thing you can do is pay for a lawyer to help your friend. Then, when they've sucked you dry and your friend is STILL in jail, you can come back and ask more questions.

[outonbail]

Originally Posted by nancydeltoro

Silly me; I thought this was for serious questions and not for people to make witty remarks. Here is hoping that all your problems will never be solved.

What is silly, is for you to believe that you can receive an accurate answer to your friends situation from members of a message board, without said members having had the benefit of reviewing the case file and in fact, without knowing anything whatsoever about the case or the defendant.

Who told your friend he could only receive 20 years? Did he commit murder, kidnap a child, distribute child porn or sell secret documents to Fidel Castro?

Every federal plea agreement I have ever reviewed, spelled everything out very clearly and they are all worded in a way that states there is no guarantee the recommended sentence will actually end up being what is offered in exchange for information or action on the defendants part.

If your friend signed a number of court documents, even though he didn't understand what he was signing and didn't ask his attorney to explain them to him, he's an idiot. This is probably why he's "having a difficult time finding representation"

[FlyingRon]

She obviously doesn't have the details either, or she would have answered any of the basic questions asked. I don't believe the statements purportedly from the convicted. "Nobody will represent him because it's a high profile case."