Former Prosecutor
Extradition Proceedings
The State of Florida Uniform Extradition
Extradition Proceedings can be a method of transferring an alleged perpetrator or fugitive who’s been discovered or captured by law enforcement in one state to another within the United States where he has been pursued as a fugitive in state court practice; This technique can also address proceedings between different Districts in the federal court where the accused or a defendant is arrested in one District in the United States and his removal is sought to another District. These measures are referred to as removal proceedings in the federal system. Lastly a person who is found in the Country or outside the United States who is wanted either here or abroad can be the focus of international extraditions.
The Uniform Extradition Act of the State of Florida can be located in Florida Statutes section 941.01 et. seq. The act explains that it is the obligation of the Governor of each state to have transported up to another state or territory of the United States those who are deemed fugitives from justice. A state extradition requires that the suspect be available in the state demanding their presence at the time he committed the alleged crime or when he broke probation or parole and then subsequently fled from the demanding state
Investigation of the extradition can be attained by The Governor of Florida utilizing the department of Legal Affairs. If he agrees that the findings should be complied with, he can then sign an arrest warrant to be served on the defendant, directed by a custodian of the law. This type of warrant is generally identified as a Governor’s warrant. After the fugitive is arrested he is entitled to an attorney and if qualified, concerning his eligibility for release; a writ of habeas corpus, if it applies. Judges in Florida may similarly issue arrest warrants for wanted fugitives currently discovered in another State. After a Florida judge agrees to a defendant’s commitment to anticipate requisition by the petitioning State, the demanding State has a time-frame of a maximum of 30 days to transport the fugitive back from Florida;
The period of time can be prolonged to an allocation not to exceed 60 days. Unless the crime alleged in the demanding state is carrying a punishment of death or life imprisonment bond may be fixed for a defendant found in Florida. If an offense is pending against a fugitive in this State at the time a plea is made for his apprehension by another state the governor has the option to authorize the defendant to remain here pending a time when the crime in Florida has faced prosecution. A person brought here for criminal prosecution cannot be served civilly in Florida until the crime charged here is disposed of. Finally a defendant arrested in Florida may waive his right to an extradition hearing so that he may be returned to the demanding State more quickly to fight the charges there.
More about Extradition Proceedings
Criminal Law in Florida and the Criminal Law Processes
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