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How Does Extraditions Work In Florida

by | Jan 17, 2023 | Criminal Defense, Criminal Defense Lawyer |

Extradition is the procedure by which a person accused or convicted of an offense under the law of one state is detained in another and returned for a trial or to serve the sentence already imposed.

Although there is very active international cooperation for the repression of crimes, the rule that a state is obliged to grant the extradition of a foreign offender only if there is an international treaty with the state that requires the extradition continues to exist. When there is no treaty, the requested state is empowered to agree to the extradition but is not required to grant it.

Can You Be Extradited Out Of Florida?

Yes, Florida extradites fugitives to and from other states on a felony warrant. Most of the time, this procedure takes about 30 days, but the court can grant an additional 60-day extension during an extradition hearing.

Florida follows the Uniform Criminal Extradition Act (UCEA) and is not a non-extradition state. All the states in the United States will extradite a fugitive from one state to another under the right circumstances. Not all states have adopted the Uniform Criminal Extradition Act; states that have not adopted it have their own extradition laws that comply with the federal law. Only South Carolina and Missouri have not formally adopted the UCEA.

When a person is arrested on an out-of-state warrant, the person has three options from which to choose:

  • Consent to Extradition
  • Request an Extradition Bond
  • Request an Extradition Hearing

 

Florida’s Extradition Statute

  • Florida Statute Section 941.03 – Form of demand.
  • Florida Statute Section 941.05 – Extradition of persons imprisoned or awaiting trial in another state or who have left Florida under compulsion.
  • Florida Statute Section 941.06 – Extradition of persons not present in a demanding state at the time of the commission of crime.
  • Florida Statute Section 941.10 – Rights of accused person; application for the writ of habeas corpus.
  • Florida Statute Section 941.22 – Fugitives from Florida; duty of Governor.

 

Contact An Experienced Criminal Defense Lawyer

An allegation of a criminal offense should never be treated lightly. In fact, it should be handled by an attorney who has the experience and knowledge to protect your rights and your freedom, no matter what type of charge you are facing. This is true whether you have been placed under arrest or are merely the subject of a criminal investigation. Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. 

 

To meet with Attorney Russell Spatz to discuss your criminal matter, please call the Spatz Law Firm, PL, at 305-442-0200.

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