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COLOMBIA EXTRADITION · PROCESS · WAIVING · WHAT HAPPENS NEXT

Colombia extradition is high stakes - the US indictment is already written.

Colombia has a long history of US extradition in narcotics and money laundering. Constitutional review and specialty protections still apply - if you move immediately with counsel who gets it.

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THE BRIEFING · COLOMBIA EXTRADITION

Colombia extradition to the United States runs on Colombian constitutional and criminal-procedure law first - Article 35 of the Constitution and the Código de Procedimiento Penal - not on treating the 1979 bilateral treaty as a free-floating domestic statute. The Corte Suprema de Justicia reviews extradition. The President then issues the executive surrender decision. For conduct after 17 December 1997, Colombian nationals can be extradited. Garantías on life imprisonment and the death penalty sit at the center of high-stakes packages. Spodek Law Group P.C. fights Bogotá while preparing Miami, Houston, or New York dockets. Call 212 300 5196.

Constitution Article 35 and the CPP - the real domestic engine.

US talking points often wave the 1979 treaty like it is the whole file. Inside Colombia, Article 35 and criminal-procedure rules frame how courts evaluate requests, nationality timing, and garantias. Treat treaty diplomacy and domestic constitutional criminal procedure as one problem with two languages. Counsel who only speak embassy English miss the CPP fights that decide whether a package survives Corte Suprema review.

Corte Suprema first - Presidential decree second.

The Supreme Court of Justice examines whether the request meets legal standards. An adverse judicial path still leaves an executive surrender decision with the President. That two-step structure creates separate records - legal defects for the Court, assurances and humanitarian posture for the Presidency. We build both so you are not stuck with a clean court order and an empty executive submission.

Post-17 December 1997 nationals can be extradited.

Colombia's modern nationality posture turns on the constitutional date line. Conduct after 17 December 1997 can support extradition of Colombian nationals. Older conduct can raise different nationality and non-extradition arguments. Offense dating therefore is not clerical. Fix calendars, charging periods, and conspiratorial date ranges before anyone markets a citizenship defense that the Constitution no longer carries for your facts.

Garantías on LWOP and death define high-volume narcotics fights.

Colombian practice demands assurances protecting against the death penalty and often engages life-without-parole concerns as part of human-rights and specialty posture. Title 21 kingpin and sprawling conspiracy theories intensify those fights. We force US charging language into discrete, dual-criminal boxes that can actually support valid garantías - and that shrink what Florida or New York can pile on after surrender.

La Picota pressure tactics are not legal advice.

Custody settings tied to extraditables generate relentless voluntary-return pressure. Statements to DEA or Colombian authorities become the spine of US conspiracy cases. Todd Spodek and our team prepare federal trial defense - the same trial discipline people saw reflected in Netflix's Inventing Anna coverage of high-stakes advocacy - while Colombian remedies are still live. Loyalty runs to YOU, not to anyone trading your silence for a transport date.

GENERAL INFORMATION, NOT LEGAL ADVICE. YOUR FACTS DECIDE EVERYTHING - AND THE CONSULTATION IS RISK-FREE. Skip reading - just call →
THE PROCESS · COLOMBIA

How US extradition from Colombia actually works.

This is the Colombian sequence - not a generic overview. Regardless of how complicated your case is, understanding where you are in these eight phases helps you avoid signing away defenses before counsel arrives.

PHASE 01
01.

US indictment or charging decision targeting Colombia

Federal prosecutors often build drug trafficking and money laundering theories in SD Florida, SD Texas, SDNY, and SD California before asking Colombia to surrender you. That US case does not wait while you fight abroad.

PHASE 02
02.

Red notice, Interpol, or diplomatic contact in Colombia

The US circulates notices or contacts Colombian authorities under the US-Colombia Extradition Treaty (1979). A red notice is not surrender - but it can trigger arrest, travel blocks, or bank freezes while the formal request is prepared.

PHASE 03
03.

Provisional arrest in Colombia

Many requests start with temporary custody at a border, hotel, or workplace. Colombian police read local rights - not US Miranda. This is when waiver paperwork and voluntary return offers appear.

PHASE 04
04.

Formal US extradition request filed

The United States submits charging documents through diplomatic channels. Colombian Supreme Court and Council of State checks whether the packet satisfies the US-Colombia Extradition Treaty (1979) - dual criminality, specialty, identity, and probable cause under Colombian law.

PHASE 05
05.

Extradition hearing in Colombia

This is the main fight abroad. Colombian counsel challenges the US request while our US team attacks the indictment in SD Florida, SD Texas, SDNY, and SD California. Hearings can take months. Bail rules depend on Colombia law.

PHASE 06
06.

Executive or ministerial surrender decision

Even after a court orders committal, Colombia may require final executive or ministerial approval. Human rights, specialty, and diplomatic pressure can still matter - unless you waived those challenges.

PHASE 07
07.

Transport from Colombia to the United States

If surrender is approved or you waived extradition, US Marshals arrange transport. You land in federal custody - often in SD Florida, SD Texas, SDNY, and SD California where the drug trafficking case was filed.

PHASE 08
08.

US arraignment and federal case

Detention hearing, discovery, motions, plea talks, or trial. Our only objective is dismissed or significantly diminished. If US counsel worked before transport from Colombia, you are not starting from zero.

WAIVING EXTRADITION · COLOMBIA

Pros and cons of waiving extradition from Colombia.

Colombian Supreme Court and Council of State review high-volume US narcotics and money laundering requests - including Title 21 matters where defendants are held in the Pabellón de Extraditables at La Picota in Bogotá. Waiving extradition is common pressure in custody - it skips constitutional review prosecutors count on you not understanding. Todd Spodek’s dual-front approach: exhaust Colombian remedies for time, while the US indictment is attacked before transport to SDFL or SDNY. Unlike other law firms more focused on their relationship with prosecutors, we owe loyalty to only YOU - and we will tell you when fighting in Colombia is better than waiving.

POSSIBLE PROS · COLOMBIAN
  • +May shorten La Picota detention when US counsel in Miami or Houston has a plan and co-defendants are already cooperating
  • +Can help family when bail abroad is denied and US sentencing strategy is set
  • +Faster resolution when delay in Colombia custody harms your family, business, or health
  • +US trial counsel in SD Florida, SD Texas, SDNY, and SD California can be fully in place before you leave Colombia
  • +May support a cooperation or sentencing narrative if that is the agreed strategy with US counsel
SERIOUS CONS · COLOMBIA
  • You lose Colombian specialty and constitutional challenges in drug conspiracy cases
  • DEA statements in Colombia - including in La Picota - are central evidence in US indictments
  • You give up Colombian court challenges at Colombian Supreme Court and Council of State - dual criminality, specialty, and human rights
  • Agents and prosecutors may treat waiver as weakness - not a guaranteed better deal
  • Statements before or during waiver in Colombia are often used in the US case in SD Florida, SD Texas, SDNY, and SD California
DO NOT SIGN COLOMBIA WAIVER PAPERWORK YET

What you sign in Colombian custody or a consular interview can lock in surrender and produce statements the US uses at trial. You can ask us anything in a risk-free consultation before you agree to anything.

212 300 5196 - Colombia extradition counsel →
WHAT HAPPENS NEXT · COLOMBIA

Three paths from Colombia - and what each looks like.

Your next step depends on whether you are in custody in Colombia, considering a waiver, or still free. The US case does not pause on any path.

IF YOU FIGHT IN COLOMBIA
  1. 01Colombian counsel files challenges at Colombian Supreme Court and Council of State and requests bail where Colombia law allows
  2. 02Committal hearings are scheduled - often weeks or months apart depending on Colombia procedure
  3. 03US team builds parallel motions and discovery demands in SD Florida, SD Texas, SDNY, and SD California on the drug trafficking case
  4. 04If a court orders surrender, executive or ministerial review and appeals may still follow in Colombia
  5. 05If extradition is denied or stayed, prepare for a refiled US request or travel restrictions
IF YOU WAIVE FROM COLOMBIA
  1. 01Surrender is scheduled - sometimes within days of signing waiver paperwork
  2. 02US Marshals transport you from Colombia to federal custody in SD Florida, SD Texas, SDNY, and SD California
  3. 03Arraignment, detention hearing, and discovery deadlines hit quickly
  4. 04US motions should already be drafted - waiver does not pause the drug trafficking prosecution
  5. 05Sentencing exposure depends on the US case - waiver alone rarely fixes it
IF YOU ARE STILL IN COLOMBIA, NOT IN CUSTODY
  1. 01Retain counsel before police, consular officers, or US agents contact you in Colombia
  2. 02Map red notices, border risk, and whether a US request is already in progress
  3. 03US counsel reviews indictment exposure in SD Florida, SD Texas, SDNY, and SD California before surrender is sought
  4. 04Do not travel assuming the case will wait - Colombian cooperation with the US can move fast
  5. 05Call 212 300 5196 - privilege starts from the first word, answered 24/7
Map your Colombia case - free consultation REVIEW WAIVER PROS & CONS →
Red notice or arrest in Colombia? Stop talking. Call before you sign waiver paperwork.
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CHARGE LEDGER · COLOMBIA

How we fight US extradition from Colombia.

01
Constitution Article 35 nationality dating
Fix offense dates around the 17 December 1997 line before claiming a nationality shield
02
Código de Procedimiento Penal process
Litigate domestic procedure rather than treating the 1979 treaty as Colombian courtroom code
03
Corte Suprema legal review
Build sufficiency, dual criminality, and identity challenges for the Supreme Court record
04
Presidential surrender decree
Preserve garantías and humanitarian submissions for the executive stage
05
Death and LWOP garantías
Force US charging into boxes that support valid assurance language
06
Title 21 specialty after transport
Limit narcotics and laundering expansions in Florida or New York without further process
DEEP DIVE · WE OWE LOYALTY TO ONLY YOU

Why Article 35 matters more than treaty slogans in Bogotá.

Article 35 of the Colombian Constitution shapes nationality timing and extradition limits in domestic law. Pair it with Código de Procedimiento Penal practice and you get the real decision tree. Treaty citations without constitutional dating analysis are incomplete.

How Corte Suprema review interacts with the Presidential decree.

Judicial findings test legal sufficiency. The President then decides surrender under the constitutional and procedural framework. Defense strategy needs a court record and an executive record - one brief does not serve both.

Specialty and garantías after a Colombia surrender.

Assurances and specialty limits can constrain what US prosecutors try after transport. Overbroad money-laundering and firearms add-ons often attempt to grow the case later. Lock the package early.

Risk-free consultation for Colombia-US extradition.

We explain Article 35 dating, Corte Suprema practice, Presidential surrender, and the US indictment in one call. Initial consultation is risk-free. Call 212 300 5196 or use the form on this page.

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HOW WE HANDLE YOUR CASE · COLOMBIA

What Spodek Law Group P.C. does in your Colombia extradition.

01 · TODAY
Risk-free consultation

Call 212 300 5196 or submit the form. A person answers - not a service. Day or night. Map red notices, local arrest, or US contact. Privilege starts from the first word - answered within 24 hours, guaranteed.

02 · DAYS 1-7
Local counsel + US strategy

Retain or coordinate Colombia counsel for surrender hearings. Our US team reviews the indictment, target letter, or draft charges. Stop voluntary statements and waivers before they harden into surrender.

03 · WEEKS 2-12
Treaty and evidentiary fight

Challenge dual criminality, specialty, probable cause, and human rights. Parallel US motions and plea discussions when strategically sound. We prepare every file for trial even when we are negotiating.

04 · SURRENDER OR RESOLUTION
Trial-ready either way

If extradition is denied or stayed, protect against refiled requests. If you return to the US, trial preparation is already underway - not starting at the airport. You choose the path; we have prepared for every outcome.

Start with the risk-free consultation 212 300 5196 →
PRESS LEDGER

In the news.

FULL NEWSROOM →
JUL 2026MPB News · Hinds County jail - Todd Spodek: gang motive doesn’t explain how an attack was allowed in custody MAY 2026OK Magazine · Britney Spears DUI - Todd Spodek on first-time DUI outcomes and damage control JUN 2026OK Magazine · Diddy - Todd Spodek on what prosecutor “under review” really means 2022Netflix · Inventing Anna - Todd Spodek’s defense dramatized as #1 most watched series PRESSNew York Post · CNN · Fox News - Featured analyst on federal and state criminal cases 2025Not guilty on all counts - Trial verdict, Joseph Alter lead counsel
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“We owe loyalty to only you - not prosecutors in Colombia, not the US Attorney’s Office, not anyone building a file against you.”

SPODEK LAW GROUP P.C. · US-COLOMBIA EXTRADITION TREATY (1979)

Todd A. Spodek
MANAGING PARTNER · COLOMBIA EXTRADITION

You’ve seen Inventing Anna. Bring that preparation to Colombia extradition.

Todd Spodek is managing partner at Spodek Law Group P.C. The firm handles international extradition defense the same way it handles high-stakes federal trial work - local counsel abroad, US strategy at home, and loyalty only to you. Client identities in active extradition matters stay confidential.

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SECOND OPINION · RISK FREE

Already have a lawyer abroad? Get a risk-free second opinion.

If your extradition case feels stalled, you are being pushed to waive, or your US defense is not talking to foreign counsel - talk to us before the next hearing. You can ask us anything you want.

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FAQ

Questions about Colombia extradition - ask us anything.

When you reach out to our law firm, you start with an initial risk-free consultation. You can ask us anything you want - regardless of how long it takes.

How does extradition from Colombia to the US work? 01

The US-Colombia Extradition Treaty (1979) governs the request. Colombian Supreme Court and Council of State reviews dual criminality, specialty, and probable cause before surrender. In parallel, a federal case in SD Florida, SD Texas, SDNY, and SD California moves forward unless US counsel intervenes.

Should I waive extradition from Colombia? 02

Not without Colombian and US counsel reviewing your facts. Waiver can speed return when US defense is ready and surrender is likely. It can also destroy treaty challenges and produce statements used in SD Florida, SD Texas, SDNY, and SD California.

What happens after I am surrendered from Colombia? 03

You are transported to federal custody, arraigned, and face detention and discovery in SD Florida, SD Texas, SDNY, and SD California. If US lawyers were retained early, strategy is already underway. If you waived first, you may arrive with no plan.

Can Colombia extradite Colombian nationals to the United States? 04

Yes for conduct after 17 December 1997 under the constitutional framework linked to Article 35. Older conduct can raise different nationality issues. Offense dates control the analysis more than passport sentiment.

Is the 1979 US-Colombia treaty the domestic procedure Colombia uses? 05

Diplomatic relationship and request architecture matter, but domestic decisions run through constitutional Article 35 and Colombian criminal-procedure rules. Strategy that ignores that domestic engine fights the wrong playbook.

Who decides extradition in Colombia - the Court or the President? 06

Both. The Corte Suprema reviews legal aspects of the request. The President issues the executive surrender decision. Winning often depends on which stage you treat as the live fight.

What garantías does Colombia typically require? 07

Death-penalty assurances are central, and life-without-parole concerns frequently feature in high-stakes packages. How US counts are framed can determine whether those assurances are workable.

Should I talk to agents while held as an extraditable in Colombia? 08

Not without counsel. Custody interviews become US conspiracy evidence. Coordinate Colombian counsel and US counsel before any statement.

How does Spodek Law Group P.C. work these cases? 09

Local counsel owns Bogotá procedure. We own the US indictment strategy and coordinate so messages stay consistent. Privilege attaches from the first word you share with us. Call 212 300 5196.

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INTERNATIONAL COVERAGE · 32 COUNTRIES

Country-specific extradition defense.

Our attorneys handle cases nationwide and coordinate counsel abroad. Regardless of how complicated your case is, we can help you get the outcome you need.

Mexico
US-Mexico Extradition Treaty (1978)
Canada
US-Canada Extradition Treaty (1971)
United Kingdom
US-UK Extradition Treaty (2003)
Germany
US-Germany Extradition Treaty (1978)
France
US-France Extradition Treaty (1909, as amended)
Italy
US-Italy Extradition Treaty (1984)
South Korea
US-South Korea Extradition Treaty (1999)
Philippines
US-Philippines Extradition Treaty (1979)
India
US-India Extradition Treaty (1997)
Israel
US-Israel Extradition Treaty (1962)
Greece
US-Greece Extradition Treaty (1931, as amended)
Colombia
US-Colombia Extradition Treaty (1979)
Ecuador
US-Ecuador Extradition Treaty (1872, as updated)
Peru
US-Peru Extradition Treaty (1899, as updated)
Poland
US-Poland Extradition Treaty (1929, as updated)
Dominican Republic
US-Dominican Republic Extradition Treaty (1909, as updated)
Guatemala
US-Guatemala Extradition Treaty (1903, as updated)
Honduras
US-Honduras Extradition Treaty (1912, as updated)
El Salvador
US-El Salvador Extradition Treaty (1911, as updated)
Brazil
US-Brazil Extradition Treaty (1961)
Argentina
US-Argentina Extradition Treaty (1997)
Chile
US-Chile Extradition Treaty (1902, as updated)
Spain
US-Spain Extradition Treaty (1970)
Netherlands
US-Netherlands Extradition Treaty (1904, as updated)
Switzerland
US-Switzerland Extradition Treaty (1997)
Turkey
US-Turkey Extradition Treaty (1979)
Romania
US-Romania Extradition Treaty (1924, as updated)
Lithuania
US-Lithuania Extradition Treaty (1924, as updated)
Albania
US-Albania Extradition Treaty (1933, as updated)
Bosnia and Herzegovina
US-Bosnia Extradition Treaty (1902, as updated)
Croatia
US-Croatia Extradition Treaty (1902, as updated)
Serbia
US-Serbia Extradition Treaty (1902, as updated)
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