White-collar criminal defense attorneys may at some point find themselves representing an individual deemed to be a “fugitive” by the authorities. Years ago, representing such notorious characters did not necessarily involve much legal work because there were more places from which a client could successfully avoid apprehension. In today’s world, however, such safe havens are rare, so defense practitioners now may be called upon to do more than simply wait. This article explores some important legal and ethical issues that counsel must consider in representing a fugitive facing charges in the federal system.
Fugitive Defined
Defense counsel need to determine as a threshold matter whether a client is actually a fugitive. The label “fugitive” is sometimes applied imprecisely by law enforcement officials to refer to anyone who has not yet surrendered to the authorities on a pending charge.
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