When a person faces some condemnation against him or some measure of provisional insurance that remits it to a jail, he needs urgent legal consultation, because he/she has to be very well represented to be able to give an overturn to his situation or in his defect not to waste certain benefits that the Law grants him in his situation. Our lawyer office develops diverse services for people in this condition, because we have national and international experience and we specialize in the attention to the foreigners in the country that they face this situation for crimes of Drug traffic.
How is the crime of Drug traffic typified?
The crime of Drug traffic consists on the illegal commercialization of the drug or in the stimulating participation of this activity, without caring the way they used for it. That is to say that it is attributable of this crime any person that participates in the elaboration, buys, sale, storage, production or illegal consumption of any addictive toxic substance and narcotic that have a medical end in fact.
He/she should know that in this type of crimes it is very important to notice on legal topics that are momentous in the process, like they are the quantity of drug occupied by the authorities and the price of that substance in that moment in the market, it is very significant to dominate these questions because they can give without a doubt some, an unexpected overturn to their situation. Because it exists certain quantity of these substances that consists on a legal term for personal consumption, which varies in dependence of the internal legislations of the States and it doesn't imply the typifying of this crime.
In what procedural moments can he be in prison?
He can be in particular in prison in two procedural moments of his case. One would be in the initial moment of the process while the previous diligences are practiced to the opening of the oral trial, incited to discover and to check the existence of the crime and its circumstances, to pick up and to conserve the instruments and material tests of this and to practice any other diligence that it doesn't admit delay, so they allow to make the legal qualification of the fact and to determine the participation or not of the presumed ones responsible and in affirmative case, the grade of this partition, as well as to assure, in their case, the person of these, because it is at this time when he is applied by the competent authority a precautionary measure that can be among other the Provisional Prison, therefore in that time he will have to be in prison accepting the measure, while we as his legal representatives will plead for a measure change if it is possible to his situation so that this recruitment is not implied.
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The second moment in that could be remitted to a serious prison in the unfavorable case in which the sentence is a certain condemnation to be completed in prison, decision this of the Tribunal that solves the case and that it will be executed immediately, because the sentence is the procedural act of the established jurisdictional organ, by means of the one which finishes the juridical-procedural relationship solving the outlined punitive pretense and that of indemnity, in his case, declaring his conformity or not with him in accordance with that prepared in the material right or with the purpose of guaranteeing the observance of the positive right.
In this case the role that his lawyer develops is the interference in the due legal term for it, of the reasonable Resources, as they are in the resources of Appeal and Cassation as it corresponds, because the Resource is a procedural act that consists on the ability that is granted to the parts in the process to achieve that the Tribunal investigates a judicial Resolution that the recurrent one considers harmful, ability that if it is not used, it transforms into such a firm resolution by virtue of his consent, without necessity that the Tribunal declares it expressly.
If he/she wants to carry out the execution of the condemnation in his country, can he/she make it?
Certainly if it is his desire to complete the resulting condemnation of the trial, in his country and not in our territory, in case the sentence was not guilty, but Condemnatory that it is when the Tribunal estimates in everything or partly the pretense punitive object of the accusation, one can request a process of International Extradition. The Extradition is a procedure by means of which a State surrenders to another that obtains and it accepts individual's delivery that is in his territory and he is accused of to judge him or to make him already complete a penalty marked against the same one, like it would be the case that we try.
This figure is completely different from the Expulsion since in that case it should need to arise the measure that can adopt all State, to make abandon its territory to the foreign residents, for founded reasons and that it doesn't require in the absolute of an Agreement or International Treaty with another State and for it he/she would not need any acceptance of receipt of another country regarding the expelled citizen.