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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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Extradition lawyers- my friend had a California warrant out

Customer Question

Extradition lawyers- my friend had a California warrant out for his arrest for alleged loan fraud in a alleged Ponzi scheme. He fled to Brazil and then to Panama where he was arrested at the Panama airport and extradited, he states illegally from Panama to the USA in Dec 2014. He was taken via commercial airlines to Los Angeles where the FBI met and put him into custody without proper procerdures or Miranda rights. He feels he was not provided proper extradition rights and wishes to talk to and hire an extradition attorney. Does he have any chance to be released for rights violations? Dan ************@*****.***
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hi Dan

This is Samuel. Once he arrived onto US soil, no extradition is necessary. And when arrested in Panama, his rights did not have to be read because there was a warrant. The Rights are only a protection in regard to anything he might have said to the arresting agents cannot be used against him as evidence. But apparently, they did not need any evidence because there is a warrant and the arresting agents will leave the reading of rights up to any agency that is going to interview or interrogate him.

If he needs an attorney, I suggest he can request a public defender if he cannot afford a private attorney.

Customer: replied 1 year ago.
Thanks Sam, The FBI was the receiving agency. I know the booking agents are not required to give him his rights but at some point someone should have advised him why he was arrested and that he had miranda rights. He told me that he did not know there was a warrant for his arrest and if they did he did not think they were serious about it. Aren't Miranda rights required regardless?
Expert:  Samuel II replied 1 year ago.

They can arrest him and tell him because it is an open warrant.Yes, policy dictates they be informed of why they are being arrested. Law dictates Miranda to be given before any interrogation. If they arresting agency did not interrogate, then no Miranda needs to be given. And if he spoke to the arresting agents about the warrant etc then if they try to use what he said in court or as evidence, because he was not given Miranda, that is arguably inadmissible.

Expert:  Samuel II replied 1 year ago.

Miranda will protect him from having any evidence admitted that they law enforcement acquired after arrest without Miranda. If they Rights were not given, any information given that would help with a conviction can be inadmissible. There are many times when a person is arrested, no Miranda is given because the arresting agency is not going to interrogate. The Miranda should be given to ensure that if a person gives up information that could seal a conviction they prosecutor would want to use it. But if no information that would be used a evidence to get a conviction was given without Miranda read then there is no issue.

Expert:  Samuel II replied 1 year ago.


1 - If he gave up information that they never had before his arrest and they try to use it as evidence and his Miranda was not read, that can be argued as inadmissible.

2- If they have all the evidence they need and no Miranda was given, they can use that evidence because they had it prior to arrest - which is why there was a Warrant.