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Representing US Citizens Imprisoned Abroad on Drug Charges

NCJ Number
96714
Journal
Inside Drug Law Volume: 1 Issue: 3 Dated: (October 1984) Pages: 1-6
Author(s)
R Fogelnest; R L Pisani
Date Published
1984
Length
15 pages
Annotation
The article offers guidance to attorneys defending American citizens charged with drug offenses in foreign countries.
Abstract
Attorneys need to be aware of the particular circumstances their clients face in foreign jails, to understand the legal agreements or arrangements existing between the United States and the arresting countries, and to be familiar with the methods at their disposal to present effective representation. Essential information returned by attorneys immediately is outlined. Attorneys are advised about visiting their clients in foreign prisons, and questions which attorneys should ask about the prison situation and about the foreign country's laws and court procedures are listed. Sources for hiring foreign legal counsel are identified. Back in the United States, attorneys can compile personal background information for use in the foreign courts, provide documentation to the foreign courts that may corroborate clients' claims of innocence, keep in contact with the consular official and with the arrest unit, and selectively use congressional aid. Alternatives to a lengthy imprisonment term are noted and include appeal of the case, request of a pardon or of some form of clemency, and use of applicable prisoner transfer treaties. The article includes 42 footnotes.

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