Interstate extradition is the process of keeping a fugitive in custody, so the authorities can take that person back to the state where they are still facing an outstanding arrest warrant. If you were charged with a misdemeanor or a felony and fled the state, you will be classified as a fugitive. Florida extradites fugitives, so they can face justice in the state where they may have an outstanding arrest warrant.
What You Need to Know About Extradition Warrants
Under the Uniform Criminal Extradition Act (UCEA), all 50 states in the country will extradite fugitives, though a couple have yet to formally adopt it. The extradition process is relatively short and typically only takes about 30 days. That said, this time frame may be extended up to 90 days. If you are not arrested under the governor’s warrant within this period, the trial court will have to discharge you on the fugitive warrant have you will be released from jail.
Extradition laws are, of course, designed to keep people from avoiding the criminal justice system by fleeing their jurisdiction. Moreover, if you are wanted on an outstanding warrant in another state, you will be prohibited from possessing firearms or ammunition. Your ability to find employment and enjoy a variety of government benefits will also be severely impacted by a fugitive warrant.
Below are the two most common types of extradition warrants in the state:
- Old violation of probation warrant: If you were put on probation in Florida and moved out of state without permission, a violation of probation warrant will most certainly be issued.
- Felony warrant on criminal charges: If you were accused of a crime in Florida and fled the state, a Florida judge will issue a warrant for your arrest.
After the felony out-of-state warrant is discovered, then the individual is arrested and held in jail until Florida makes arraignments to extradite the individual back to Florida. There are several options available at this point.
- Ask the Florida judge to withdraw the warrant temporarily so the person can be released from custody in the other state. That normally requires and agreement to voluntarily return to Florida for a court appearance.
- If a probation extradition warrant is old, we can request that the court terminate the probation and avoid returning to the state of Florida to answer to the violation of probation.
- In some cases, the judge in the jurisdiction where the individual is being held while awaiting extradition can agree to set a bond, and allow the person to travel voluntarily back to Florida.
Speak to an experienced criminal defense attorney as soon as possible to discuss the details of your case.
Transfers Between States and Florida Counties
Extradition between states is controlled by the state where that person currently is held. The person can waive proceedings and return to the state and county extraditing on their own accord. However, if they challenge the extradition, a hearing will take place to confirm the person’s identity matches the warrant. This hearing is separate from the trial that inquires guilt or innocence of the related offense.
Request a Free Consultation with a Skilled Criminal Defense Attorney Today!
If you are facing an extradition warrant, you need to hire a knowledgeable attorney to handle your case. At Jonathan Blecher, P.A., our criminal defense attorney has more than 40 years of experience in the field and is committed to fighting on behalf of every client he serves. With our team on your side, you can feel confident you will receive the best results for your case.
Reach out to our law office today at 786-785-2035 to set up a free initial consultation and learn more about what we can do to help you. We offer consultations via Zoom, email, and phone for those who prefer to meet remotely.