Criminal Law Blog
Can You Get Bail and Bond In International Extradition Cases?
In some cases, you can get bail and bond in extradition cases, but the odds are stacked against you. There is no presumption in favor of release, and the federal Bail Reform Act does not apply, because an international extradition proceeding is not treated as a regular criminal case. A federal judge will set you…
International Extradition: What Happens & How It Works
International extradition is the formal legal process by which one country (the requesting country) asks another country (the requested country) to hand over a person wanted for prosecution or to serve a sentence. In the United States, the international extradition process is treaty-based, runs through both a court and the executive branch, and can take…
Extradition From Mexico to the United States: Everything You Need to Know
Extradition from Mexico to the United States is governed by the 1978 Extradition Treaty between the United States and Mexico, which took effect on January 25, 1980. The United States sends a formal request through diplomatic channels, a Mexican federal judge reviews the evidence, and Mexico’s Foreign Ministry makes the final surrender decision. The process…
The 2025-2026 Mexico Mass Transfers: Does the Rule of Specialty Protect Defendants Sent to the U.S. Without Extradition?
Between February 2025 and January 2026, Mexico sent 92 cartel defendants to the United States in three mass transfers that bypassed the formal extradition process, using an executive expulsion mechanism under Mexican law instead of the 1978 extradition treaty. That difference matters because the rule of specialty, which limits the charges an extradited person can…
The National Capital for Colombian Cocaine Prosecutions: Sherman and Plano TX
More Colombian cocaine traffickers have been extradited to the Eastern District of Texas than to any other federal district in the United States. The federal courthouses handling these cases sit in Sherman and Plano, and they have been receiving extradited Colombian defendants for well over a decade. The cases are built by the Dallas DEA…
Sealed Warrant Border Arrests and the USMS Slow-Transfer Problem
A U.S. citizen or lawful resident can be arrested at a Texas port of entry on a sealed federal indictment they never knew existed, then sit in custody for weeks while the U.S. Marshals Service slowly moves them toward the charging district. The removal waiver signed at the first court appearance gives up only the…
Hub-and-Spoke vs. Chain Drug Conspiracies – The Multiple Conspiracy Defense
When the federal government charges one large drug conspiracy but the evidence actually shows several smaller, separate ones, that mismatch can be the most powerful defense in the case. This is called a variance, and under the Supreme Court’s ruling in Kotteakos v. United States, 328 U.S. 750 (1946), it can lead to reversal of…
Federal Drug Conspiracy and Asset Forfeiture – When the Government Can Seize Your Property
Federal drug conspiracy charges trigger two separate asset forfeiture tracks: criminal forfeiture under 21 U.S.C. § 853, which requires a conviction and runs through the criminal sentence, and civil forfeiture under 21 U.S.C. § 881, which proceeds against the property itself with no conviction required. Both tracks let the government seize cash, vehicles, real estate,…
The Duress Defense in Federal Drug Conspiracy Cases – What If You Were Forced to Participate?
If you were forced to participate in a federal drug conspiracy under threat of death or serious bodily injury, the duress defense may excuse your conduct, but the standard is unforgiving. Federal courts in Texas require you to prove four strict elements by a preponderance of the evidence: an imminent threat of death or serious…
Texas Drug Offense Sentencing Calculator: A Free Tool for Understanding Your Drug Case
If you’re facing a drug charge in Texas, whether it’s a possession charge, delivery charge, manufacture and delivery charge, or possession with intent to deliver charge, one of the first questions you probably have is: What am I facing? The answer is far more complicated than most people realize. Why Texas Drug Sentencing Is…
