If you live in the state of Florida but are wanted for a crime that was committed in another state, you may be at risk for extradition – the process of holding an alleged fugitive into custody in one state so that the authorities can transport the person back to the state where the arrest warrant is outstanding.
At Stechschulte Nell, we have years of experience fighting outstanding fugitive warrants and extraditions to and from Florida. Our defense attorneys will put our knowledge of the extradition process to work for you and represent your case to the best of our ability. Here we learn explain more about extradition cases:
Extradition from Florida
Each state has a different standard for extradition, and in most cases, will not demand extradition for misdemeanors or minor infractions. In fact, the U.S. Constitution demands that states provide extradition only for felonies and treason.
In 1985, the Uniform Criminal Extradition Act (UCEA) was passed to allow interstate cooperation for returning fugitives to the state where the arrest is outstanding. All 50 states, including Florida, have adopted the provisions as outlined in this act. The requirements generally include:
- A valid arrest warrant (a.k.a. an extradition warrant) in the state requesting extradition
- A formal written request for extradition from an executive authority
- A courtroom hearing to determine if the facts are sufficient enough to support the extradition request
- The alleged fugitive has the right to waive the requirement for a hearing.
Once the court has either found sufficient facts to support extradition or the alleged fugitive waives the hearing, the demanding state has 30 days to take the fugitive into custody and complete the extradition process. *During an extradition hearing, the court can grant an additional 60-day extension.
Are you or someone you love at risk of being extradited to or from Florida? Criminal defense attorney Ben Stechschulte can assist with your case! Call 813-280-1244 or request for a free case review.
Extradition Bonds in Florida
If the demanding state provides sufficient information to support extradition, the alleged fugitive will be put into custody in Florida. However, a criminal defense lawyer can often convince the judge to allow for an extradition bond – money posted that serves as a “deposit” on the promise that the alleged fugitive is turned over to the authorities (either in Florida or the demanding state) by a certain date.
This is helpful for two reasons. One, it allows the alleged fugitive to tie up important matters before being extradited. Two, the alleged fugitive may be allowed to travel on his or her own, as opposed to being escorted by law enforcement officials.
Our legal team led by Attorney Ben Stechschulte is well-versed in extradition bonds, and if appliable to your case, will seek this as an option as part of providing you with the best defense possible.
Defenses for Florida Extradition
If an individual is arrested in the state of Florida on an extradition warrant from another state, he or she has the right to be represented in the hearing by a Florida-state licensed criminal defense lawyer. At Stechschulte Nell, the first step to defending an extradition warrant is challenging the request. Here’s how:
Request proper identification.
For the state of Florida to extradite an individual, the demanding state must prove that the alleged fugitive being held in custody, is in fact, the person they are seeking to extradite.
Florida courts require that the demanding state provide documentation of the original offense which includes:
- A copy of the indictment
- An affidavit from the state
- A copy of a judgment of conviction or sentence imposed
- A statement by the state’s executive authority that the alleged fugitive escaped confinement or broke the terms of his or her bail, probation, or parole
Criminal defense attorney Ben Stechschulte can challenge any of the evidence listed above as being insufficient or incorrect.
Defending Florida Extradition Cases
At Stechschulte Nell, our experienced defense attorney will work to defend your extradition case and represent your best interests to keep you from being extradited.