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Extradition to Pasco County, FL

Extradition is the process of detaining a person in one state until the person can be pickup by the authorities in another state and transported back on an outstanding felony warrant to answer the charges in the jurisdiction where the warrant was issued.

We are often asked: "How long does extradition take?" The answer is that the extradition process normally takes 30 days or less, but it can take longer.

Under § 941.15, Fla. Stat., a person charged with having committed a crime in another state may be held up to thirty days prior to 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.

For example, if you were accused of a felony in Pasco County, FL, and a judge at the courthouse in New Port Richey or Dade City, issued a warrant for your arrest, then you can be extradited back to that jurisdiction even if you leave the state of Florida.

In extradition cases, your constitutional right to a speedy trial or the statute of limitations might come into play. If you are being held for extradition, you can consent to extradition (often called "waiving extradition") or request an extradition bond.

Attorney for Extradition to Pasco County, FL

If you have an outstanding arrest warrant pending in Pasco County, FL, then contact an experienced criminal defense attorney at Sammis Law Firm.

Our attorneys represent clients awaiting extradition back to the courthouse in New Port Richey or Dade City, FL. Contact us to find out more about filing a motion for an extradition bond. Our main office is in downtown Tampa. We also have a second office in New Port Richey in Pasco County, directly across from the courthouse at the West Pasco Judicial Center.

Should you "waive extradition" by signing a Written Waiver of Extradition Proceedings (often called the "extradition waiver form")? An attorney can help you decide.

Call 727-807-6392 to discuss your case.


The Definition of "Extradition"

The term "extradition" is defined as the formal process to bring a fugitive arrested in one state (the asylum state) on an extradition warrant to another state (the demanding state) for trial or sentencing.

The extradition warrant in Florida is defined as an arrest warrant issued by a court in Florida that can be used to detain a fugitive found in another state until the authorities in Florida can transport the fugitive back to the jurisdiction where the warrant was issued.


Attorney for the Extradition Bond

You are not permitted to post bond on the warrant until you are brought back to that jurisdiction. However, if you are detained on an extradition warrant, the court in the asylum state might allow you to post an extradition bond.

The extradition bond allows you to post a bail-bond conditioned on an agreement that you will appear at any future court proceedings regarding the extradition request. Burkhart v. Jenne, 814 So. 2d 1064 (Fla. 4th DCA 2001).

You can post bond so that Florida can decide whether it wants to go forward with the extradition process or forgo extradition.

You can seek an extradition bonds even if you acknowledge the validity of the fugitive warrant. In those cases, you might express your willingness to voluntarily travel to the demanding state to surrender on the bond, and then return to the asylum state to provide proof that you surrendered. When you show proof that you surrendered, the extradition bond can be released.


Requriements for the Extradition Hearing

Before being extradited, the courts follow certain procedural safeguards intended to insure that the arrest warrant is valid and that the warrant actually names the person being detained.

To meet these requirements, the demanding state must produce a sworn charging document alleging that a criminal offense occurred. The charging document must be certified as authentic by the demanding state.

The document must also provide sufficient information to identify the person wanted so that it can be matched with the person being detained. This requirement is intended to prevent any instance of mistaken identity.

Before being extradited, the courts follow certain procedural safeguards intended to insure that the arrest warrant is valid and that the warrant actually names the person being detained.

To meet these requirements, the demanding state must produce a sworn charging document alleging that a criminal offense occurred. The charging document must be certified as authentic by the demanding state.

The document must also provide sufficient information to identify the person wanted so that it can be matched with the person being detained. This requirement is intended to prevent any instance of mistaken identity.


Additional Resources

Fugitive Warrants Unit at the Pasco Sheriff’s Office - The Fugitive Warrants Unit at the Pasco Sheriff’s Office includes four detectives and one sergeant who identify, locate and arrest high priority offenders who have an active warrant, or where probable cause has been established for an arrest. The fugitive warrants unit makes it a priority to focus on violent crimes and the most serious offenses. The Fugitive Warrants members are involved in the extradition of wanted persons from inside and outside the state of Florida. These officers use surveillance and intelligence gathering techniques to maximize their effectiveness.


Finding a Lawyer for Extradition to Pasco County, FL

If you are wanted for an outstanding fugitive arrest warrant in Pasco County, FL, then contact an experienced criminal defense attorney at Sammis Law Firm. With offices in New Port Richey, FL, our attorneys represent clients on Florida extradion fugitive warrants pending at the courthouse in New Port Richey or Dade City.

Our attorneys are familiar with the tactics used by the detetives with the Fugitive Warrants Unit at the Pasco Sheriff’s Office and the standard operating procedures that govern how they do their job. We can help you decide whether you should sign a Written Waiver of Extradition Proceedings and/or seek an extradition bond during a hearing in the Circuit Court.

Many of these extradition warrants are extremely old. The criminal defense attorneys at the Sammis Law Firm have represented clients on extradition warrants that are 10, 20, even 30 years old. If the warrant is particularly old or was issued for a violation of probation, a criminal defense attorney might be able to get underlying case dismissed before you are extradited.

If the arrest warrant in Pasco County, FL, was issued in error or in a case of mistaken identity, your attorney can file a motion to quash or set aside the warrant so that you do not have to go into custody.

Call 727-807-6392 to discuss your case.


This article was last updated on Friday, August 31, 2018.