Florida Extradition Laws | Extradition of Fugitive Warrant

ContentsWill the State of Florida Extradite Me?I have an outstanding Pinellas County warrant, but I reside in another state. Can I be arrested and extradited?I have an out of state warrant from Florida. Does that mean the police are searching for me?Can I be extradited for a misdemeanor?How could I be apprehended or caught on an…



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Will the State of Florida Extradite Me?

– Pinellas County Extradition FAQ –

I have an outstanding Pinellas County warrant, but I reside in another state. Can I be arrested and extradited?

Yes. Each state honors their sister state’s warrants. The days of Bonnie and Clyde driving across state boundaries to avoid prosecution are long over. Flight to avoid prosecution is not effective as there is no longer any “safe haven.” Thus, it is very possible for a “Florida Warrant – Extradite Pinellas County” directive to be transmitted to local authorities if you are detained by out of state law enforcement. Today, if any law enforcement agency learns that you have an outstanding warrant from Pinellas county Florida, they are under an obligation to detain you or hold you in custody for the benefit of the Pinellas county court system. This authority originates from Article Four, Section 2 of the U.S. Constitution, which directs every state to cooperate in the extradition of an individual “on demand” from another state. This power is codified in the Uniform Criminal Extradition Act (UCEA) which was passed in 1941. Florida Chapter 941 sets forth the “Uniform Extradition Act of Florida.” This act details the obligations of the Governor of each state to cooperate in the apprehension and transport of fugitives from justice.

I have an out of state warrant from Florida. Does that mean the police are searching for me?

Generally speaking, unless you are wanted in Florida for a serious violent felony, or for a theft or fraud involving large sums of money, the authorities are not going to be conducting an interstate search for you. Bottom line… you should not worry that there will be a knock at your door at 2:00 AM. However, this does not mean your “out of state” status has insulated you from capture and prosecution on the Florida warrant. To the contrary, out of state warrants are detected on a routine basis. The ready availability of criminal justice information has been furthered through the Internet and modern communication technology. The National Crime Information Center, or “NCIC” provides federal, state and local criminal justice agencies with 24 hour computerized access to information on fugitives and persons with outstanding warrants that have originated in all 50 states. In the “sunshine state,” the FDLE is charged with the responsibility of supplying warrant information to the NCIC system. ABC news recently reported that the Florida Department of Law Enforcement confirmed that Florida had in excess of 325,000 outstanding warrants in the NCIC computer system.

The Pinellas County Sheriff’s Department recently re-established its fugitive tracking unit. This specialized squad had been disbanded by our former sheriff during the economic downturn. The newly assigned detectives are charged with the responsibility of locating individuals with outstanding Pinellas County warrants. Our experience tells us that the search for fugitives includes people who are residing out of state. In fact, we are seeing situations where the Pinellas County Sheriff’s Office has “done the leg work” in locating a person who lives out of state and then secures the cooperation of the law enforcement agency in that jurisdiction to execute the outstanding Pinellas warrant. Such efforts will undoubtedly become more common as the Pinellas County Sheriff’s Office attempts to placate negative public opinion regarding its current backlog of over 55,000 outstanding arrest warrants.

Can I be extradited for a misdemeanor?

As a general rule, you are not subject to extradition to Florida unless you are currently out of state and there is an active FELONY warrant, FELONY FAILURE TO APPEAR warrant or FELONY VIOLATION OF PROBATION warrant.

Technically, you could be extradited for a misdemeanor. However, extraditing someone on a misdemeanor warrant is very rare. This typically only occurs when law enforcement believes the individual is also a suspect for an unrelated serious violent felony offense. Thus, in these limited situations, their true reason to extradite the person back to Florida is completely unrelated to the misdemeanor warrant. Even though you may not subject to extradition for your active Pinellas County misdemeanor warrant, you failure to address this situation could have a negative impact on your job prospects, driver’s license status, and the ability to rent or purchase a home. Keep in mind that despite the fact that Florida is unlikely to extradite on an outstanding misdemeanor, you are nevertheless subject to being stopped and detained by out-of-state authorities. This could lead to both inconvenience or embarrassment. If you are returning to the United States from a foreign country and your first point of entry is a Florida harbor or airport, you will undoubtedly be arrested and transported to the Florida county where the misdemeanor warrant originates.

How could I be apprehended or caught on an out of state warrant?

Some individuals remain “on the lam” for years, while others are apprehended within days of the warrant’s issuance. The capture of someone on an out of state warrant typically takes place in common every day settings. It likewise often transpires at what seems like the worst possible time. The problem is that the person with an outstanding warrant has no way of predicting when they will be apprehended. In other words, you never know when the outstanding warrant will come back to bite you. The fortuitous detection of a warrant by law enforcement can also result in placing the individual in a highly embarrassing and very inconvenient position.

The criminal defense attorneys in our office have had clients who were apprehended on outstanding Florida warrants under the following scenarios:

  • Routine traffic stops;
  • Traffic accidents, regardless of which party was at fault;
  • Police officers routinely run license plates from their cruiser for “wants & warrants”;
  • Police responding to a home in connection with a noise complaint or report of a domestic argument or disturbance;
  • Background checks conducted in the course of applications for employment;
  • Credit checks;
  • Applying for a driver’s license or state issued identification card at the DMV;
  • Applying for an occupational license;
  • Disgruntled coworkers, friends or relatives who inform the local police about your warrant;
  • Anonymous tips phoned in to police departments;
  • A former girlfriend, boyfriend or significant other looking for revenge;
  • Crossing International borders between the United States and Canada or Mexico;
  • Arriving back in the United States on a cruise ship;
  • Arriving back in the United States on an International flight; or
  • The police make contact with you because you are the unknowing victim of a crime. For example, someone has backed into your vehicle at a restaurant and left the scene.

How long does an outstanding Florida arrest warrant or “bench warrant” remain active?

An outstanding Pinellas county Florida warrant will never expire. The warrant remains active and valid within the NCIC system indefinitely.

Prisoner Transport Vehicle

Individuals who are extradited from outside of Florida on outstanding Pinellas County fugitive warrants are often brought to our local jail in uncomfortable and cramped prisoner transport vehicles.

Aside from risking arrest on the outstanding Florida warrant, should I have other concerns?

  • Having to look over your shoulder all the time is no way to live. The uncertainty of a sudden and unexpected arrest is a stressful situation could interfere with a feeling of well-being. Being haunted by an outstanding warrant can lead to a poor quality of life;
  • If a prospective employer uses a third party investigatory service to conduct a criminal background check during your job application process, it is highly unlikely you will be selected for the position;
  • You run the risk of implicating family members or friends who could potentially be arrested for knowingly harboring a fugitive;
  • In some circumstances, an outstanding warrant will cause a suspension of your privilege to drive;
  • An outstanding warrant makes you ineligible to qualify for guaranteed student loans;
  • Applications for public financial assistance are routinely denied if a background check reveals an open warrant;
  • Many people who have qualified for Social Security Income or Social Security Disability payments are receiving correspondence from the federal government that an outstanding warrant has been uncovered. This same correspondence goes on to say that pursuant to federal law, their benefits will be immediately terminated until the warrant is cleared; or
  • United States passport applications are summarily denied when an outstanding warrant is discovered.

What are the disadvantages associated with getting picked up out of state on a Florida warrant?

cost risk benefit white dicePast clients who were picked up in another state on a Florida warrant have expressed a unanimous opinion that they wish they had taken a proactive approach and dealt with their outstanding warrant before they were apprehended. Most of these clients were forced to spend an unreasonable amount of time in their local jail awaiting Florida authorities to arrive for the purpose of transporting them back to Florida. They all complained about the discomfort they suffered, having been transported in handcuffs by bus or van. In many cases, they spent time in several correctional facilities before finally reaching their Pinellas County Jail destination. Often, their untimely arrests caused them to lose their jobs. In the greatest majority of cases, getting extradited translates into an individual spending more time in custody and in jail then had they resolved the outstanding warrant in another fashion.

How can I have a Pinellas County felony warrant removed from the FBI’s fugitive database?

A warrant can only be removed upon one of the following events:

  • The individual who is the subject of the warrant is apprehended by law enforcement, transported and formally booked into the Pinellas county jail; or
  • The individual who is the subject of the warrant voluntarily returns to Florida and surrenders themselves to the Pinellas County Jail.

There are occasions where our office can intervene on your behalf with the Pinellas County State Attorney’s Office. Sometimes an effective strategy can be to pursue negotiations with the prosecutor that are designed to encourage a stipulation between the parties for the judge to withdraw the warrant. When an individual has moved on with their life and become a productive member of society, our argument to withdraw the warrant can be all the more persuasive.

Is my case a candidate for a lawyer to withdraw the warrant and avoid extradition?

The facts and circumstances of every case are unique. You should consult with us about your particular situation. Generally speaking, however, there are some characteristics that may make a case more suitable or appropriate for getting the warrant withdrawn and the charge resolved without the need for you to return to Florida:

  • Warrants that are associated with old cases;
  • Warrants that are associated with cases where the payment of outstanding financial obligations are of primary concern;
  • Warrants that are associated with cases in which the alleged criminal conduct is not aggravated in nature;
  • Warrants involving non-violent felony offenses; and
  • Warrants where the State of Florida has previously declined to extradite.

If I am arrested, detained or held in custody on an out of state warrant, what will happen?

police contactWhen a police officer learns that a Florida warrant exists for your arrest you will, in a technical sense, be “detained.” However, for all intents and purposes, your restraint of freedom will equate to having been “arrested.” It will be the job of the police officer to hold you until he is able to contact Florida authorities and thereafter determine two things:

  1. Whether the warrant is still active; and
  2. Whether the State of Florida is willing to pay the costs of the extradition.

To verify that a warrant is active, the police officer must contact the Pinellas County Sheriff’s Department, Warrants Section. This agency is operational 24 hours per day and 365 days per year. As a result, confirming the active nature of a warrant is not a time consuming task.

On the other hand, it can be more of a challenge for law enforcement to determine whether the State of Florida is prepared to pay the costs associated with extraditing you back to Pinellas County, Florida. To obtain this information, the police officer will need to contact the Pinellas County State Attorney’s Office. It will be necessary for a senior Assistant State Attorney to locate your file for review before making such a determination. A delay might be caused if your case file has been transferred to their off-site warehouse storage facility. Likewise, the State Attorney’s Office is operational only on week days during regular business hours. So, if you are apprehended on a Friday evening, it will most likely not be until the following Monday, at the earliest, that contact with the State Attorney’s Office can be made. These factors will contribute to how long you will be held in custody until a decision regarding extradition can be received. While such a decision might be received within only a few hours, it can just as easily require several days or more.

How does the State of Florida decide who they will extradite back to Pinellas County?

The Pinellas county State Attorney’s Office answers this question on a case by case basis. A senior prosecutor will look at the severity of the criminal charge, whether there is a victim entitled to substantial restitution, the nature and type of sentence you are likely to receive if the prosecution is successful, your prior criminal record, and the cost of the extradition. (For example, it costs substantially more to extradite someone back to Florida from California then from Georgia.)

How long does Florida have to pick me up from the state where I was arrested?

The Uniform Criminal Extradition Act imposes a 30 day time limit on the State of Florida to physically extradite you. However, this time limit can be extended by a period of up to an additional 60 days, at the discretion of the court where yo are currently being held. If this time limitation is violated, you must be released from custody. However, keep in mind that being released, does not mean the warrant has gone away or that you can’t be extradited in the future, if you get picked up again on the warrant as it continues to remain outstanding. Note that the 30+60 day time limits only govern how long a sister state can hold you in custody (i.e., local jail) while it waits for Florida to carry out the extradition process.

What is the cost to extradite someone back to Florida?

florida money atty generalThe expenditures required to return an extradited individual back to Florida can vary greatly. The costs attributed to interstate extradition include armed security personnel, food and lodging. There is also a financial factor associated with the distance necessary to transport the individual. At times, the Pinellas County Sheriff’s Department will send its own deputies to transport the fugitive from an out of state jail facility to the Pinellas County Jail. On other occasions, they will hire private firms to perform this function. For example, since 1990, the TransCor Detainee & Prisoner Transportation Company has transferred over 1.2 million individuals from coast to coast. As a rough rule of thumb, the cost of extradition can typically run from $250 to several thousand dollars. Under Florida Statute Section 938.27 and Section 939.02, a Pinellas county Circuit court judge is empowered to order the individual to reimburse the state for all costs associated with the extradition process.

What will happen if the state of Florida elects not to extradite me?

Sometimes the NCIC will conveniently reflect “no extradition.” In other cases, it might reflect, “extradition only from southeastern states.” This fortuitous designation could enable the law enforcement officer to quickly release you. However, in many cases, an outstanding Florida warrant in the NCIC computer system will not reflect any extradition decision. In this more inconvenient circumstance, the police officer will need further direction from a senior Pinellas county prosecutor. If the prosecutor subsequently informs the law enforcement agency holding you that the state of Florida declines to pay the cost of extradition, then you must be released.

I was taken into custody on an outstanding Pinellas warrant, but Florida did not extradite me.
Does that mean that I won’t be arrested again, so long as I don’t return to the state of Florida?

If Florida declines to extradite you, the arrest warrant will continue to remain in full force and affect. In some cases, the NCIC computer gets updated to reflect “no extradition.” If you are fortunate enough to have that clerical notation entered into the system, it could make your next encounter with law enforcement go much more smoothly since your detention will be brief.

Unfortunately, many people are taken into custody multiple times, despite the fact that Florida has previously made the decision not to extradite. This is because the “no extradition” notation was never properly entered into the computer. Although they may eventually be released on each subsequent occasion, they will nevertheless be forced to endure the inconvenience and potential embarrassment each time a police officer discovers the active Florida warrant. In addition, just because Florida decided not to extradite you on one occasion, does not necessarily mean that Florida will never extradite you if you are subsequently re-apprehended. Changes in State Attorney personnel, prosecutorial policy, and the financial condition of Pinellas County could all play a factor at any given time. Many people make the mistake of believing that with the passage of time their warrant will just “go away”

If I am arrested on an outstanding Florida warrant, can I post a bond to be released from jail?

bail bonds gavel handcuffsThis is a somewhat complicated question. The answer is dependent on the nature of the underlying allegation that your warrant is associated with, as well as, the perceived power or “jurisdiction” of your local judge.

Warrants for New Felony Charges

If your Florida warrant is associated with a new felony charge for which you were never arrested, there will typically be a bond amount that was set by the Pinellas county circuit court judge at the time the warrant was issued. If you are arrested out of state on this type of Pinellas county Florida warrant, you should be able to post this bond amount to secure your release from the out of state jail. You may be able to post a cash bond or a surety bond by using the services of a licensed bondsman.

Warrants for Failure to Appear

If your warrant is associated with your “failure to appear” in court for a Pinellas county felony offense, there will typically be a bond amount set that ends with the number “13.” For example, your bond amount might be $5,013.00. This unusual amount represents a local Pinellas County court custom and practice that quickly identifies individuals who have failed to attend a mandatory court proceeding. If you are arrested out of state on this type of Pinellas county Florida warrant, you should be able to post this bond amount to secure your release from the out of state jail. You can post a cash bond or a surety bond by using the services of a licensed bondsman. However, a bondsman may express some concern or reluctance to post a bond for someone who has already displayed a disregard for their past court obligations. Your situation could be interpreted as carrying an additional “risk of flight.” Keep in mind that if the bondsman agrees to post your bond and you again “fail to appear” in court, the bondsman will suffer a substantial financial loss when the surety bond is forfeited or “estreated” by your judge. Hiring a Pinellas county criminal defense lawyer in advance of retaining the services of a bail bondsman can often be a persuasive and effective strategy. Few people would spend the money to retain a lawyer if it was their intention to subsequently fail to appear in court. For this reason, when a bail bondsman sees that an attorney has been retained on a case, he has a further assurance that his customer will meet future court obligations, despite the “failure to appear.”

Warrants for Felony Violations of Probation

If your warrant is associated with a violation of your felony probationary terms, the Pinellas judge most likely assigned a “no bond” status to your pick-up order. This means that you could be as wealthy as Donald Trump… and still not be able to secure your release from the out of state jail. In other words, no amount of money will be effective in successfully addressing your current incarceration.

Many people who are picked up on a Pinellas county felony violation of probation “no bond” warrant become understandably frustrated by their inability to post a bond. Their requests to have a local judge set a bond on their Florida charges are routinely and summarily denied. An overwhelming number of out of state judges will refuse to set a bond because they lack proper jurisdiction or the power to intervene in a pending criminal matter that originates outside of their state borders. Keep in mind that, although it is possible to have your Florida felony probation “supervision” transferred to another state, (via “courtesy supervision,) there exists no procedure in American jurisprudence to “transfer” the criminal prosecution itself. Thus, only a Pinellas county judge has the authority to modify your original sentence, terminate your probation, set a bond amount associated with your warrant or to withdraw the warrant.

Felony violations of probation can be filed for a wide variety of reasons. The criminal defense attorneys in our office can quickly secure the affidavit of violation of probation from your court file. This document will provide us with insight into the exact nature of the violation. The facts and circumstances of each case are unique and demand individualized attention and a coordinated strategy in resolving both the outstanding warrant and the probation violation.

What does it mean if I “waive extradition”?

Your arrest in another state came at the request of Florida authorities. Generally speaking, you were booked into jail on a “fugitive complaint” that was made against you. If you “waive extradition” you are admitting that you are in fact the person Florida was looking for and that you agree it is proper for the Florida authorities to transport you back to Pinellas County to face the pending charges. Waiving extradition does not mean that you are admitting the allegations, nor does it mean that you are giving up your right to a trial or evidentiary hearing to challenge the allegations. Many individuals who are held without bond waive extradition in an effort to speed up the process of being transported back to Florida to resolve their case. If you choose to waive extradition, you must sign a waiver in the presence of a judge. However, before you make this critical decision, it is imperative that you first speak with us.

Making the Decision

We would first want to review the points upon which your extradition might be successfully fought or challenged. A factor in this decision will be whether you have been able to post a bond or if you will be forced to remain in the jail pending the outcome of the extradition hearing. Prevailing in an extradition hearing would, of course, mean that you would not be forced to return to Florida to face prosecution.

Before you summarily waive extradition, keep in mind that challenging the extradition will require the Pinellas prosecutor to secure a “governor’s warrant.” This will necessitate more work for both the Pinellas State Attorney’s Office and the Florida Governor’s legal staff. Sometimes, we can use the potential financial cost and the man hours necessary to extradite you as leverage or a negotiating tool in our efforts to secure your release and to satisfactorily resolve your case without the need for you to return to Florida.

What if I want to fight or challenge the extradition?

Your out of state judge has a somewhat limited function in the extradition process since he lacks jurisdiction to review the criminal allegations pending against you and any defenses you might have. In other words, the judge cannot review the merits of the felony criminal charge or violation of probation. (The merits of the criminal charge or alleged violation of probation will only be addressed upon your return to the Pinellas county, Florida courtroom.)

  • When you challenge an extradition, it is the job of the judge in the “foreign state” to:
  • Determine if the extradition documents, including the “Florida Governor’s Warrant” are in proper order;
  • Ascertain whether you have been formally charged with a criminal offense;
  • Make a factual finding that you are, in fact, the person named in the extradition documents, and
  • Verify that you are a fugitive from Florida.

Awaiting an extradition hearing is almost always time consuming and normally translates into additional time spent in custody. Your legal defenses at the hearing are limited to mistaken identity and improper documentation provided by the Florida authorities.

I have an outstanding Pinellas County warrant, but don’t live in Florida. What should I do?

As you can see, an outstanding warrant from the State of Florida may very well make your life difficult and subject you to the constant threat of incarceration. On the other hand, if you’ve already been detained on the Florida warrant, the issue of extradition must now be dealt with.

You need an experienced criminal defense attorney on your side. We are former state prosecutors who only handle criminal matters arising out of Pinellas County, Florida. You should contact our office for a free consultation. We can determine the nature of the warrant, the intent of the State Attorney’s Office, and discuss with you your objectives and your options.

Call our office for a free consultation at (727)578-0303.


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FAQs

What states will Florida not extradite?

Not all states have adopted the UCEA, however, states that have not adopted it have their own extradition laws that comply with the federal law….Non Extradition States 2022.

State Extradition 2022 Pop.
Florida Yes, generally only for felonies 22,085,563
Georgia Yes 10,916,760
Hawaii Yes, generally only for felonies 1,474,265
Idaho Yes 1,893,410

46 more rows

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What states can you not get extradited from?

California ? along with every other state except for South Carolina, Louisiana and Mississippi ? has adopted the Uniform Criminal Extradition Act (?UCEA?). The UCEA regulates interstate extradition. It is codified in California’s Penal Code sections 1548-1558 PC.

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How far will Florida extradite?

We are often asked: ?Does Florida extradite on a felony warrant?? The short answer is: ?Yes.? Florida does extradite a fugitive to and from other states on a felony warrant. The procedure is supposed to take about 30 days but the court can grant an additional 60-day extension during an extradition hearing.

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Does Florida DMV check warrants?

Yes. The DMV will check to see if you have outstanding warrants or a bench warrant. They may have a Department of Public Safety (DPS) officer on-site. This is a tactic that some cities use to arrest people with outstanding warrants.

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What country can you flee to avoid jail?

The Maldives, Vanuatu, and Tunisia are all non-extradition countries.

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How long will Florida hold you waiting for extradition?

The short answer is ?about 30 days, but it might take longer.? A person charged with having committed a crime in another state may be held up to thirty (30) days before receipt of a formal request for extradition from the state having jurisdiction over the offense and the issuance of a warrant of extradition by the …

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How do you stop extradition?

Most extradition treaties will not require the country where the fugitive is residing to extradite if the fugitive is a citizen of that country. Therefore, if you can establish citizenship or if you are already a dual citizen of another country, you may be able to avoid extradition.

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Non Extradition States 2022 – World Population Review

Non Extradition States 2022Extradition is a formal, cooperative law enforcement process between two jurisdictions where one state can turn over a person accused or convicted of a crime to the state where they were charged or convicted. Extradition can happen between two states or two countries. The processes and procedures are different for each. Extradition between countries is typically regulated by treaties. The United States has extradition treaties with over 100 countries around the world, but there are many without extradition as well. Within the U.S., extradition between states is governed by federal law. One of the most well-known extradition stories is that of Edward Snowden. The former Central Intelligence Agency (CIA) employee was a whistleblower who leaked highly classified information in 2013 from the National Security Agency (NSA). Snowden fled to Russia, where he was held at the Moscow airport while U.S. authorities requested Russian officials to return him to the United States. Russia had previously proposed a treaty with the United States for the mutual extradition of criminals; however, the U.S. never agreed to it. Because of this and the fact that the U.S. had never extradited a Russian criminal taking asylum in the U.S., Snowden’s extradition was unlikely. The Extradition Clause of the U.S. Constitution (Article Iv Section 2) requires that: “A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the state from he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.” Requirements and guidelines for extradition between states can be found in the Uniform Criminal Extradition Act (UCEA). Not all states have adopted the UCEA, however, states that have not adopted it have their own extradition laws that comply with the federal law. The only two U.S. states that have not adopted the UCEA are South Carolina and Missouri. Extradition Process Between States First, there must be a probable cause to issue an out-of-state arrest warrant, usually when a person is believed to have fled the state or fails to show up for a court date. When such a warrant is issued, the is filed into the National Crime Information Center (NCIC) so that other states can see the warrant information. After the out-of-state warrant is issued and the person sought is arrested in the new state, the authors will notify the issuing state. After being notified, the first state may request the return of the fugitive. There may be no request for return if the person is charged with a misdemeanor or something other than a violent felony. If the request is made, the fugitive has the option of waiving extradition or attempting to fight the extradition through a writ of habeas corpus. A writ of habeas corpus is a court order that demands a public official deliver an imprisoned individual to the court and show a valid reason for the person’s detention. This allowed inmates or other acting on their behalf to dispute the legal basis for confinement. If the fugitive refuses to waive extradition,…

I’m coming!

Florida Warrant Extradite Pinellas County | Criminal Lawyers

Florida Warrant Extradite Pinellas County | Criminal LawyersWill the State of Florida Extradite Me? – Pinellas County Extradition FAQ – I have an outstanding Pinellas County warrant, but I reside in another state. Can I be arrested and extradited? Yes. Each state honors their sister state’s warrants. The days of Bonnie and Clyde driving across state boundaries to avoid prosecution are long over. Flight to avoid prosecution is not effective as there is no longer any “safe haven.” Thus, it is very possible for a “Florida Warrant – Extradite Pinellas County” directive to be transmitted to local authorities if you are detained by out of state law enforcement. Today, if any law enforcement agency learns that you have an outstanding warrant from Pinellas county Florida, they are under an obligation to detain you or hold you in custody for the benefit of the Pinellas county court system. This authority originates from Article Four, Section 2 of the U.S. Constitution, which directs every state to cooperate in the extradition of an individual “on demand” from another state. This power is codified in the Uniform Criminal Extradition Act (UCEA) which was passed in 1941. Florida Chapter 941 sets forth the “Uniform Extradition Act of Florida.” This act details the obligations of the Governor of each state to cooperate in the apprehension and transport of fugitives from justice. I have an out of state warrant from Florida. Does that mean the police are searching for me? Generally speaking, unless you are wanted in Florida for a serious violent felony, or for a theft or fraud involving large sums of money, the authorities are not going to be conducting an interstate search for you. Bottom line… you should not worry that there will be a knock at your door at 2:00 AM. However, this does not mean your “out of state” status has insulated you from capture and prosecution on the Florida warrant. To the contrary, out of state warrants are detected on a routine basis. The ready availability of criminal justice information has been furthered through the Internet and modern communication technology. The National Crime Information Center, or “NCIC” provides federal, state and local criminal justice agencies with 24 hour computerized access to information on fugitives and persons with outstanding warrants that have originated in all 50 states. In the “sunshine state,” the FDLE is charged with the responsibility of supplying warrant information to the NCIC system. ABC news recently reported that the Florida Department of Law Enforcement confirmed that Florida had in excess of 325,000 outstanding warrants in the NCIC computer system. The Pinellas County Sheriff’s Department recently re-established its fugitive tracking unit. This specialized squad had been disbanded by our former sheriff during the economic downturn. The newly assigned detectives are charged with the responsibility of locating individuals with outstanding Pinellas County warrants. Our experience tells us that the search for fugitives includes people who are residing out of state. In fact, we are seeing situations where the Pinellas County Sheriff’s Office has “done the leg work” in locating a person who lives out of state and then secures the cooperation of the law enforcement agency in that jurisdiction to execute the outstanding Pinellas warrant. Such efforts will undoubtedly become more common as the Pinellas County Sheriff’s Office attempts to placate negative public opinion regarding its current backlog of over 55,000 outstanding arrest…

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Florida Extradition Laws | Extradition of Fugitive Warrant

Florida Extradition Laws | Extradition of Fugitive Warrant Melbourne Criminal Defense Attorney Serving Brevard County & Surrounding Areas The criminal defense attorney at The Law Offices of Bryan J. McCarthy is experienced in fighting outstanding fugitive warrants and extraditions to or from Florida. It is important to realize that other options exist besides sitting in jail waiting to be extradited. The sheriffs for individual counties throughout the State of Florida spend a tremendous amount of money on extradition cases. When possible, the court would prefer to allow the individual to voluntarily return to Florida and avoid the expense of extradition. Fighting the extradition is particularly important in violation of probation cases in Brevard, Orange, Volusia, Seminole, Indian River, and Osceola counties. Florida Extradition Laws Extradition laws provide for a process of bringing a person back to Florida from another state to answer felony criminal charges. Many people sit in jail for months not knowing that they have options to avoid extradition. In many cases hiring a criminal defense attorney can actually save the individual money because the court will eventually seek to impose the extradition costs back on the individual as a condition of resolving the criminal case. If you are concerned about an outstanding warrant for your pending arrest in Brevard County, FL, or one of the surrounding counties, contact an experienced Melbourne criminal defense attorney at The Law Offices of Bryan J. McCarthy. We are ready to help you fight your case. Call (321) 248-7742 today. Violation of Probation Warrants from the Past Our criminal defense attorney often sees a situation in which an individual is put on felony probation in the State of Florida. The person then applies to transfer the probation to another state, or in some cases, the person just moves out of state without the probation officer’s permission. If the court issues an arrest warrant for the violation of probation, it almost always contains a “no bond” provision. The individual living out of state may go about their business for years without hearing anything about the warrant. Then during a routine traffic stop a law enforcement officer will suddenly see the fugitive extradition warrant on the individuals NCIC (National Criminal Information Center) criminal record. 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. In these cases, our Melbourne extradition attorney may be able to do one of the following: Petition the judge in Florida to withdraw the warrant temporarily so that the person arrested can be released from custody in the other state and voluntarily return to Florida for a court appearance that is scheduled a week later. If the violation of probation extradition warrant is particularly old, the attorney can request that the court terminates the probation without any requirement that the individual return to the state of Florida to answer the violation of probation charges. In certain cases, the judge in the jurisdiction where the individual is being held while awaiting extradition can agree to grant bond so that the individual can be released from custody to travel voluntarily back to Florida. Felony Warrant on New Criminal Charges If the person allegedly commits a crime and then moves out of state before being arrested on the felony warrant, then the individual can be arrested in another state until extradited back to Florida to answer the felony charges. A criminal defense attorney in Florida can petition the court to set a bond in the case so that the person can be released from custody to surrender in Florida without being extradited. The criminal defense lawyer can also contact the prosecutor at the State Attorney’s Office about dropping the charges or filing only…

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Tampa Defense Attorney Representing Out-Of-State Defendants

Tampa Defense Attorney Representing Out-Of-State DefendantsFREE CASE EVALUATIONGET STARTEDBeing charged with a crime – to put it mildly – is a challenge, but if you live in one state and you are charged with a crime in another state, dealing with your circumstances will be even more challenging.Whatever the charge, an arrest for a crime in a state where you don’t live is a stressful experience, and it’s complicated by additional worries about taking time off – and spending money – to return for a court appearance.Florida, as everyone knows, is one of the world’s top tourist and business destinations. Millions visit our state every year. Some get arrested. If you live in another state and you are charged with a crime in Florida, keep reading. There are some things you will need to know.WHAT DO OUT-OF-STATE DEFENDANTS NEED TO KNOW?The first thing to know after being charged with a crime in Florida is that you can’t just leave the state, go home, and pretend that the incident never happened. If the charge against you is for a serious felony, Florida will seek to extradite and return you for prosecution.If the charge is for a lesser crime, you still have to resolve it, and your life may be difficult until you do.IF YOU’VE BEEN CHARGED WITH A TRAFFIC VIOLATIONFor a traffic violation, authorities in your home state will learn about the violation through the Driver License Compact (DLC). The DLC reciprocal agreement, signed by 45 states, requires those states to share information on convictions for moving violations.A traffic ticket in Florida, in other words, could be counted against your driving privilege in 44 other states. For some drivers, that will mean a license suspension or a license revocation. If you fail to pay a traffic fine in Florida, your home state may suspend your license on Florida’s behalf.IF YOU’VE BEEN CHARGED WITH A CRIMINAL MISDEMEANORFlorida usually doesn’t extradite for misdemeanors, but if an arrest warrant has been issued, an arrest can be made – anywhere – on the basis of that warrant. If you’re stopped for speeding in Ohio, and you have a misdemeanor arrest warrant in Florida, you could be arrested on the spot.If you’ve been charged with a misdemeanor in this state, a Tampa criminal defense attorney may be able to resolve the case for you with no need for you to return to Florida. You can stay in touch with your attorney using the phone and the internet.For misdemeanors, Florida may not seek extradition, but until the charge is dealt with, the person who is charged will not be able to obtain a passport or a weapons permit. More serious criminal charges, as you would expect, entail more serious consequences.IF YOU’VE BEEN CHARGED WITH A FELONYIn felony cases, out-of-state defendants will probably have to make court appearances. If you are charged with a felony in Florida, most courts will require out-of-state defendants to post bail. Bail is what a defendant pays to the court to ensure that the defendant returns to face charges.If a defendant posts bail and flees the state, the court will keep the money and the judge may issue a warrant for the defendant’s arrest. If the defendant posts cash bail, he will get the money back as long as he appears in court. However, many defendants use a bondsman instead of posting cash bail. If you choose this option, the bondsman will post cash bail, and you will pay the bondsman a fee for doing so. If you appear in court as required, the bail money will be refunded to the bondsman since he is the one who posted the cash bail. You will not receive a refund for the fee charged by the bondsman.If you leave Florida while you’re out on bail for a felony charge, or if you leave upon learning that a warrant has been issued for your arrest, you’re a fugitive. If you’re arrested, you will probably be extradited. Florida usually tries to extradite fugitives who are charged with felonies.An alleged fugitive has a…

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Y'all Come Back, Ya Hear: Extradition in Florida

Y’all Come Back, Ya Hear: Extradition in Florida | Moses and Rooth Attorneys at Law | Orlando, FloridaFlorida’s climate and the host of tourist attractions draw scores of visitors from around the world. Orlando, with its central location, receives a large share of these visitors.In 2009, Orlando received 46 million visitors, who spent more than $26 billion. In 2011, the number of visitors is expected to top 53 million. After visiting Disney World, Universal Studios, Sea World and all the other area attractions, those visitors will return home.But out of all of those millions of visitors, a select few will receive a formal request from the Governor of Florida to return. They will have received order for extradition.Florida ExtraditionIt will be alleged that these tourists have committed a crime while in Florida, and in order to bring them to trial, Florida needs them to return. The formal return of a person who is charged with a crime in another state to stand trial is known as extradition.Constitutional ClauseExtradition is important enough that it has its own section in the U.S. Constitution. It is located in Article. IV, § 2, cl. 2, and states:“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”Extradition is necessary to easily allow the transfer of wanted or convicted persons between the states – whose governments are otherwise sovereign, and not subject to the actions of another state. The drafters of the constitution wanted to prevent one state from becoming a haven for those fleeing the law in another state.Because of the Constitutional clause, the authority for extradition is federal law, but the individual states are allowed to determine the particular procedure in each state.Uniform Interstate Extradition ActFlorida and most other states have enacted the Uniform Interstate Extradition Act.Under this legislation, the governor of the asylum state is required, when asked by the proper authorities of another state, to have arrested and delivered to the state requesting their return, any person who is physically present in the asylum state and is charged with a crime in the demanding state.Extradition is a summary and mandatory executive proceeding and not a criminal offense. An extradition proceeding is used to return suspects for trial in the state where the alleged offense occurred.It is related to the criminal case, but is a civil hearing. The person whose extradition is sought has a hearing in Florida, but the purpose of the hearing is very limited.How Does An Extradition Occur?Extradition from a state is controlled by that state’s law. This is the procedure that another state would follow if it wanted to extradite a person from Florida.This process could be different for another state, but because all the states have adopted the Uniform Interstate Extradition Act, the process is often similar.Generally, a person is arrested, based on the request of another state. The other state files a fugitive complaint against the person. They could be held in jail or released on bail, awaiting the warrant from the governor.The person can waive the…

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What states does Florida not extradite from? – AMA Answers

What states does Florida not extradite from? Because federal law regulates extradition between states, there are no states that do not have extradition. As of 2010, Florida, Alaska, and Hawaii do not extradite for misdemeanor convictions committed in another U.S. state. Follow this link for full answer One way or the other, how long does Florida have to extradite? The Uniform Criminal Extradition Act imposes a 30 day time limit on the State of Florida to physically extradite you. However, this time limit can be extended by a period of up to an additional 60 days, at the discretion of the court where yo are currently being held. Just the same, will Georgia extradite from Florida? If extradition is not waived, Florida can hold you for Georgia—the DA and Judge in the originating county will start the procedure—eventually getting to the Governor’s Office · Under Georgia’s Uniform Criminal Extradition Act, it is the duty of the Governor of this state to have arrested and delivered up … Briefly, how long does a warrant last in Florida? Even if you are not aware of the warrant and are no longer in the state, outstanding warrants never expire. This will cause serious problems if left unaddressed, which makes consulting a criminal defense attorney crucial. Is there extradition between Florida and New York? Yes, you can be extradited from NY to FL, perhaps on a governor’s warrant. 20 Related Questions Answered What crimes are extraditable offenses? Some crimes which may be subject to extradition include murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage. Some of the most common extradition cases involving the U.S. are between our neighboring countries of Mexico and Canada. Can you leave the state with a pending felony? Can I Travel Outside the State or Country with Pending Legal Charges? … Felony charges on the other hand, carry significant travel restrictions. You will in many cases, be required to remain within the boundaries of the jurisdiction of where you live, while the case is pending a court date. Does Florida extradite to Tennessee? Yes TN will extradite on a felony warrant no matter what state you are in when arrested. How long does another state have to extradite? The question that comes to roost is how long the resident state can hold the accused while the felony state gets around to extraditing. Most experts agree that the typically amount of time one state gives another for extradition is about one month, 30 days. Can you get a job with a warrant in another state? If you have a warrant out for your arrest in another state and you are pulled over by a police officer, they will be able to access that information when they run your name through the system. An arrest warrant could also hinder your ability to get a job or get a license in a new state. How does extradition work between states? Interstate extradition. The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver…

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Attorney for Extradition Hearings in Florida / Extradite to Tampa

Attorney for Extradition Hearings in Florida / Extradite to Tampa COVID-19 Update: Because of the COVID-19 public health crisis, the procedures that law enforcement officers and the courts are using in warrant and extradition cases have changed in two ways. For the most serious cases, an inmate is being held in one jurisdiction for a longer period of time while awaiting extradition. On the other hand, fewer extraditions are occurring overall. Additionally, for less serious crimes, the system is coming up with creative ways to release an inmate who might normally be held for extradition. The courts are sometimes clearing up old warrants to avoid extradition entirely. For all of these reasons, now is a good time to contact an attorney to resolve an old warrant. Contact us to discuss your case because some of the procedures listed here have changed while places throughout Florida, the United States, and the rest of the world are in lockdown. What is extradition? Interstate extradition is the process of holding a fugitive in custody in one state so that the authorities can transport the person back to the state where the arrest warrant is outstanding. When it comes to the extradition process, the term “fugitive” is defined to include a person charged with a felony or misdemeanor crime who has fled from justice to another state or county. A person might be classified as a “fugitive” even though they never fled the state for the purpose of avoiding prosecution. Likewise, being a fugitive doesn’t necessarily require that the person concealed his or her whereabouts from the authorities. We are often asked: “Does Florida extradite on a felony warrant?” The short answer is: “Yes.” Florida does extradite a fugitive to and from other states on a felony warrant. The procedure is supposed to take about 30 days but the court can grant an additional 60-day extension during an extradition hearing. Florida has adopted the Uniform Criminal Extradition Act (UCEA) and is NOT considered to be a “non-extradition state.” All 50 states in the United States will extradite a fugitive from one state to another under the right circumstances. At last count, only two states have not formally adopted the Uniform Criminal Extradition Act (UCEA). Another frequently asked question is: “How long does the extradition process take?” The short answer is “about 30 days, but it might take longer.” A person charged with having committed a crime in another state may be held up to thirty (30) days before receipt of a formal request for extradition from the state having jurisdiction over the offense and the issuance of a warrant of extradition by the Governor of this state. See § 941.15, Fla. Stat. After the Section 941.15 time limit of 30 days expires, Section 941.17 allows for an extension of time of commitment. Florida law provides; “If the accused is not arrested under a warrant of the Governor by the expiration of the time specified in the warrant or bond, a judge may discharge the accused or may recommit him or her for a further period not to exceed 60 days.” After this 90-day time period, if the defendant is not arrested under the governor’s warrant, then the trial court must discharge the defendant on the fugitive warrant and release him from jail. The policy behind extradition is to discourage people from fleeing to another jurisdiction to avoid the criminal justice system. The extradition laws also give a person an incentive to voluntarily return to the jurisdiction where the warrant is pending to surrender. Keep in mind…

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Extradition law in the United States – Wikipedia

Extradition law in the United States Extradition law in the United States is the formal process by which a fugitive found in the United States is surrendered to another country or state for trial, punishment, or rehabilitation. For foreign countries, the extradition process is regulated by treaty and conducted between the federal government of the United States and the government of a foreign country. International extradition is considerably different from interstate or intrastate extradition. If requested by the charging state, US states and territories must extradite anyone charged with a felony, misdemeanor, or even petty offense in another US state or territory, even if the offense is not a crime in the custodial state.[1] The federal government of the United States is a separate jurisdiction from the states with limited scope, but has nationwide law enforcement presence. [edit] The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a “treason, felony or other crime” to the state from which the fugitive has fled. 18 U.S.C. § 3182 sets the process by which an executive of a state, district, or territory of the United States must arrest and turn over a fugitive from another state, district, or territory. For a person to be extradited interstate, 18 U.S.C. § 3182 requires: An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled. The requesting executive must also produce a copy of an indictment found or an affidavit made before a magistrate of any state or territory. The document must charge the fugitive demanded with having committed treason, felony, or other crime, and it must be certified as authentic by the governor or chief magistrate of the state or territory from where the person so charged has fled. The executive receiving the request must then cause the fugitive to be arrested and secure and to notify the requesting executive authority or agent to receive the fugitive. An agent of the executive of the state demanding extradition must appear to receive the prisoner, which must occur within 30 days from time of arrest, or the prisoner may be released. Some states allow longer waiting periods, of up to 90 days. Cases of kidnapping by a parent to another state see automatic involvement by the US Marshals Service. In Kentucky v. Dennison,[2] decided in 1860, the Supreme Court held that, although the governor of the asylum state had a constitutional duty to return a fugitive to the demanding state, the federal courts had no authority to enforce this duty. As a result, for more than 100 years, the governor of one state was deemed to have discretion on whether or not he/she would comply with another state’s request for extradition. In a 1987 case, Puerto Rico v. Branstad,[3] the court overruled Dennison, and held that the governor of the asylum state has no discretion in performing his or her duty to extradite, whether that duty arises under the Extradition Clause of the Constitution or under the Extradition Act (18 U.S.C. § 3182), and that a federal court may enforce the governor’s duty to return the fugitive to the demanding state.[4] There are only four grounds upon which the governor of the asylum state may deny another state’s request for extradition:[5] the extradition documents facially are not in order; the person has not been charged with a crime in the demanding state; the person is not the person named in the extradition documents; or the person is not a fugitive. There appears to be at least one additional exception: if the fugitive is under sentence in the asylum state, he need not be extradited until his punishment in the asylum state is completed.[6] As of 2010, in practice, Florida, Alaska, and Hawaii typically do not request extradition if the crime in question is not a felony because of the associated costs of transporting the suspect and the housing fees that must be paid to the jurisdiction in…

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Jail Time Awaiting Extradition on Old Out-of-State Felony …

Jail Time Awaiting Extradition on Old Out-of-State Felony Warrant A person who has an outstanding arrest warrant for an out-of-state felony is found out, arrested and jailed while awaiting extradition.  The question that comes to roost is how long the resident state can hold the accused while the felony state gets around to extraditing. Most experts agree that the typically amount of time one state gives another for extradition is about one month, 30 days.  This waiting time of one month includes the notification to the felony state that the resident state has the accused in jail, through to the point where the felony state comes and picks up the accused to stand trial, or to decide that the felony state does not want to prosecute, regardless of the reason.  There is always the situation where the felony state might request an extended time allowance to get its preparation and or decisions completed.  The resident state might not feel like extending the time for whatever reason.  The US Supreme Court has upheld a state’s right to refuse extradition.  Only Missouri and South Carolina do not participate in the Uniform Criminal Extradition Act (UCEA).  The UCEA provides the right of the state, even a citizen, to arrest fugitives in the resident state accused of a crime in the felony state if the penalty for that felony in the felony state is at least one year in jail.  While Missouri and South Carolina have not accepted the UCEA, it does not prevent those states from having their own extradition laws and using them to the fullest. Just an odd thought … There is no evidence any the resident state would consider having the accused stand trial in the resident state for the felony done in another state.  From experienced individuals to experts in this area, if a felony state either decides to not extradite or fails to decide in the allotted 30 days, the resident state will simply allow the accused to go free.  There are instances, however, where one state feels that the accused could not get a fair trial because of media coverage corruption of the available jury pool, and moving to another state to gain an unbiased (at least a less biased) jury for the trial.  The defense attorney cannot simply make the state move the trial elsewhere.  Motions and hearings for this “change in venue” would need to be filed and processed before such an event would be approved.  The logistics for such a happening must be somewhat chaotic.  Apparently this type of change would only have legal basis if the case is a federal case rather than a state felony.  State sovereignty over its laws, procedures, magistrates, judges, and courts makes the state to state change in venue improbable.   But what if one state brought its own judges to the other state …?   Not allowed, again due to the sovereignty of each state. Unfortunately, many people who experienced this situation simply waited out the extradition, knowing that most states and out-of-state jurisdictions are so overworked that the states and jurisdictions prioritize the crimes they want to take to trial and simply leave the rest untried.  It is a sorry state of affairs.

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