Cases that Cross International Borders
Seattle, Washington International Criminal Defense Attorney
My work for the Mexican Capital Legal Assistance Program, in which I work closely with various regional consular offices of the Mexican Foreign Ministry, has given me significant experience in dealing with a broad range of issues pertaining to cases that cross international borders in one way or another.
International law rarely has a direct, outcome-determinative bearing on cases in the United States legal system. Still, there are many times when international law or treaties to which the United States is a party play important roles.
For example, whether you are a United States citizen or a foreign national, obtaining evidence in another country may be limited by a treaty. Indeed, simply engaging in investigation in another country may require a special visa. Not every country has sophisticated or extensive private or governmental record-keeping systems, so it may be critical to work with consular or other officials to obtain important documentary evidence. Or, it may not be possible to subpoena a witness from another country to testify at a trial in the United States, but a treaty may require that the witness answer written questions under oath (called Letters Rogatory) or answer oral questions under oath as in a deposition. Extradition to and from a foreign country is controlled by treaties. Additionally, a foreign national sentenced to prison in this country may be eligible under a treaty for transfer to his or her native county to serve out a portion of the sentence.
If you are a foreign national from a country that is a party to the Vienna Convention on Consular Relations, that treaty generally gives you the right to assistance from your consulate. While not every country that is a party to this treaty provides much in the way of assistance, some, such as Mexico, go to extraordinary lengths to assist their nationals who have been charged in this country with a crime. Working with the pertinent consulate is a critical part of a lawyer’s job when representing a foreign national, as is working with lawyers who have expertise in the potential adverse immigration consequences a foreign national may face from a criminal conviction.
Mr. Iaria has experience in representing foreign nationals and in matters that cross international borders that is relevant not only to capital cases, but to any other type of criminal case.