Many people are understandably unaware of the fact that defendants can be extradited from Florida if they are wanted in another state or country for criminal charges. After all, extradition is not a topic frequently discussed in casual conversation.
Extradition is the legal process through which a person accused or convicted of a crime in one state or country is arrested in another and returned to face charges or serve a sentence. Florida, like all states, participates in the Uniform Criminal Extradition Act (UCEA), which outlines the procedures for interstate extradition.
The basics
When someone is located in Florida and is wanted elsewhere domestically, the state seeking their return—known as the demanding state—must submit a formal request to the governor of Florida. This request typically includes an arrest warrant, charging documents and evidence of the person’s identity. Once reviewed, the Florida governor can issue a warrant authorizing the person’s arrest and extradition.
If a defendant is arrested in Florida on an out-of-state warrant, they have the right to a hearing before being extradited. At this hearing, the court will not consider guilt or innocence but will instead determine whether the legal requirements for extradition are met. The defendant may also waive the extradition process, which speeds up their transfer to the demanding state.
There are situations where a Florida court may delay or complicate extradition. For example, if the defendant is facing unresolved charges in Florida or is serving a sentence here, extradition might be postponed until local matters are resolved. In rare cases, a court may grant bail while the extradition process is pending, although this is not guaranteed.
Extradition can be contested under specific circumstances, so it’s important for anyone facing extradition from Florida to seek experienced legal counsel immediately. The process moves quickly, and defendants risk being transported to another state or country without a clear understanding of their rights or the charges against them if they don’t have legal counsel.
