Coral Gables & Miami, Florida Extradition Attorney
If you are arrested in Florida and are wanted by law enforcement authorities in another state for a criminal offense, that state may request that you be transferred in order to face criminal charges. This transfer process is legally referred to as extradition and is permitted by the Constitution of the United States. Florida has adopted the Uniform Criminal Extradition Act (UCEA) as state law and, therefore, has specific requirements and procedures for the interstate extradition of wanted individuals. Anyone facing extradition from Florida should immediately seek representation by a criminal defense attorney who can uphold your rights and make sure that all requirements are met.
Similarly, if you are currently in custody in another state and have a felony warrant in Florida, the governor may request for your extradition to face the applicable charges in Florida criminal court. It is always wise to contact an attorney in the jurisdiction that issued the warrant as you will require aggressive criminal defense if you are transferred back to the Sunshine State.
The extradition process can be complicated
Extradition procedures are dictated by the law of the state in which a fugitive is being held. The following are the general procedures for an extradition under Florida law:
- The state demanding your extradition must issue a valid extradition warrant.
- An executive authority, such as the governor, of that state must then formally request your extradition in writing with supporting documentation including the indictment for the original offense, affidavit from the state authority, or judgment of conviction if you are wanted for a parole or probation violation.
- You will be given the option at this point to voluntarily waive your right to a hearing and return to the demanding state or to have a hearing to ensure the extradition is valid. This hearing is important to make sure your rights are fully protected and you should always have an experienced extradition defense attorney representing you at this hearing.
- At the hearing, a court will review the extradition request to determine whether there is sufficient evidence to charge you with the criminal offense in the demanding state, whether you are in fact to correct person identified in the request, and whether all other relevant legal formalities have been met.
- If the request appears valid, the governor of Florida can approve it.
- You can be held for up to 30 days in Florida while the demanding state takes custody of you and arranges for your transportation.
Extradition requests are not always valid, so it is imperative that you have a qualified Florida extradition defense attorney on your side to make sure your constitutional rights are not violated. A skilled attorney will be able to identify any errors of identity or inadequacies of the documentation presented with the extradition request.
Contact an experienced Florida extradition defense lawyer for a free consultation
If you are facing possible extradition from Florida or to Florida, the assistance of an experienced criminal defense attorney can be invaluable. Miami and Coral Gables attorney Alfredo A. Izaguirre understands extradition law and can help you with your case, so please call today at 305-442-0425 for a free consultation.