Aurelio Cano Flores, aka “Yankee” and “Yeyo,” a Mexican national and high ranking member of the Gulf Cartel, was found guilty today by a federal jury of conspiring to import multi-ton quantities of cocaine and marijuana into the United States. Flores was one of 19 defendants charged in a superseding indictment on Nov. 4, 2010, with conspiracy to manufacture and distribute five kilograms or more of cocaine and 1,000 kilograms or more of marijuana for importation into the United States. Flores was extradited to the United States from Mexico in August 2011 and was ordered detained in federal custody pending trial. Cano Flores is the highest ranking Gulf Cartel member to be convicted by a U.S. jury in the past 15 years.
Extradition is the formal process by which a fugitive arrested in one state (the asylum state) on an extradition warrant is surrendered to another state (the demanding state) for trial or punishment. Many times, people do not understand what being a fugitive of the law is, and if willfully, the fugitive may have escaped using a soon-to-be closing loophole that many use to evade the law when released on bond.
Being released on bail or bond means that in exchange for a court-set amount of money, one will be free from jail, but must remain and participate in all court proceedings required by the court. Many who are arrested on drug charges in Florida, like Flores, particularly for trafficking in major quantities, have easy access to money, especially to pay for more drugs, weapons, transportation, and in special cases, bail. This makes many afraid that those like Flores will present a flight risk, increasing one’s bail amount.
Many times, if the crime is not so serious or not related to drugs, where one obtains the bond money will not be questioned. However, for more serious charges requiring higher bail amounts, the Nebbia bond hearing, which was once not used as much, is now being employed to ensure that those accused of major trafficking crimes will stay for court because of a legitimate detriment caused by the bond.
Many times, when one skips bail, one will leave the state, as Jacksonville has major access the I-10 and I-95. However, one cannot evade forever. One may have an extradition warrant out for one’s arrest. If one is in Florida and evading a charge from another state, that State might have issued an arrest warrant issued by another state, requesting that one be arrested and transported back to the demanding state.
The most important reason that one needs an experienced attorney is needed in interstate extradition cases is because if Florida or the issuing state that is demanding one’s arrest has sanctioned one to post a bond, the bond cannot be posted in the asylum state, only in the demanding state. For example, if one was arrested in Georgia for a crime in Florida, one cannot post bond in Georgia; one must post in Florida.
As a result, one must remain in jail until the demanding state retrieves one to appear in Florida; this process often takes thirty days or more. This situation can sometimes be avoided having one’s experienced attorney convince a judge in either Florida or the asylum state to set what is known as an extradition bond.
Accused parties face charges they never knew of and warrants they never thought would be out on them, and because of their lack of knowledge, they suffer at the hands of a very powerful state operated legal system. One can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one if one obtains an experienced attorney.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: High Ranking Gulf Cartel Member Convicted in Washington for Drug Trafficking, The Office of Public Affairs, The United States Department of Justice