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Facing extradition to Florida? Here’s what you should know

Feb 3, 2025 | Criminal Defense

Interstate extradition is the process of transferring a convicted person from their current state (asylum state) to the state demanding their surrender (requesting state). Like many other states, Florida follows the Uniform Criminal Extradition Act (UCEA), which standardizes extradition proceedings and helps ensure due process. 

If you are facing extradition, below is some crucial information to guide you toward the best decision possible. 

How does interstate extradition work? 

The extradition process begins when a court, prosecutor or governor’s office issues an out-of-state warrant of arrest. The information then enters the National Crime Information Center (NCIC), a nationwide database where law enforcement can find warrants.  

If your asylum state arrests you, it will notify the state that issued the warrant. The requesting state may then request your return. However, this usually occurs with more serious crimes like felonies. It is rare for states to extradite people accused of misdemeanors. 

The governor of the asylum state receives the request and can issue a governor’s warrant for your arrest. When this happens, you have two options: 

  • Waive the extradition: This means you are giving up your right to challenge the extradition process in court. In other words, you agree to transfer to the jurisdiction seeking your arrest without contesting it. 
  • Challenge the extradition: On the other hand, you can fight extradition via a writ of habeas corpus. You will then go through the formal legal process, which involves a hearing where you can challenge the validity of the request. 

If the court denies your habeas corpus petition, it will likely demand your transfer to the requesting state. If the court grants your petition, it may either keep or release you from custody, depending on the circumstances. 

Should you waive or fight extradition? 

Waiving and challenging an extradition request each has its pros and cons. In many cases, it is not a decision you should make without careful thought and consideration.  

For example, voluntarily going back to the requesting state may show your cooperation. This might help the court view you more favorably, but you will give up your right to challenge the extradition. On the other hand, fighting the request can give you time to build a defense strategy, but it may extend your time in custody. 

Either way, it is highly advisable to work with an experienced criminal defense attorney. They can analyze your situation, help you make an informed decision and protect your rights along the way. 

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