EXTRADITION

Florida Extradition Attorneys
Asylum · Wanted Criminal ·  Waiving Extradition

Orlando Criminal Defense Attorney
Florida Criminal Attorney

Florida Extradition is based upon Fugitives Wanted for Crimes over and across State Lines.

Extradition is the process by which one state transports a criminal suspect/defendant to an additional state to face criminal charges or to serve a sentence.
                                                       
There exists two kinds of Florida extradition cases involving fugitives pursuing asylum:

• Arrested in Florida, but the crime happened in an additional U.S. state.
  The other state is called the demanding state or the wanting state. This person (wanted criminal or fugitive), might not know that he/she is being accused of the crime in the wanting state, or may have fled from the wanting state to Florida to seek asylum.

• Arrested for a crime committed in Florida, but now living in an additional state to seek asylum.
  Again, the person (wanted criminal or fugitive) may or may not know that he/she is wanted for a crime that happened in Florida . In this case, Florida is the demanding state.

Florida Extradition Law
Under Florida 's Uniform Criminal Extradition Act and Florida Penal Code Section (a)ses, the authorities may issue a warrant for extradition (known as a Governor's Warrant), and the fugitive can be arrested. An arrested person is then obligated to return to the wanting state to face criminal charges.

1. The wanted fugitive is arrested based on the demanding state's charge that the person committed a crime.
2. The demanding state then files a fugitive complaint against the accused individual.
3. If charged, the suspect may be held in court custody in the asylum state (where the suspect is currently located) or released on bail and wait for a Governor's Warrant to be issued.
4. The fugitive may choose to deny the charges or waive a formal extradition procedure and go back to the wanting state voluntarily.
5. If the fugitive denies the charges, an Identity Hearing or probable cause hearing is held in court. Under Florida law, evidence must be presented that proves the arrested person is actually the fugitive listed in the warrant.
6. During this time, the prosecutor in the wanting state assembles the case documents and submits them to the state's Governor via the state's Attorney General.
7. The demanding state's Governor then files a formal demand to the asylum state's Governor.
8. The asylum state Governor may conclude that the extradition request is valid, and require the arrest and retention of the fugitive.
9. The fugitive is called before court to answer the charges, and may argue and defend them under habeas corpus (protection against illegal imprisonment).

Defenses for Florida Wanted Fugitives
In order to have an extradition case thrown out of court (dismissed) or resolved, there are a number of defenses pursued by a unmatched Orlando criminal defense attorney. These may include:

• The lack of validity of the documents submitted and filed by the prosecutor
• Vague or incorrect proof of identity procedures that are obligated for extradition

In addition, an experienced Florida criminal defense lawyer may negotiate with the wanting state to work out a resolution past to extradition. There may be alternatives to extradition.

• Bail may be reduced or custody thrown out of court (dismissed) if the fugitive returns to the state voluntarily.
• The Interstate Family Support Act may apply (the accused doesn't have to leave the state where his/her family resides)
• The accused may serve a parole in the asylum state
• The Interstate Compact on Juveniles may apply (allowing a fugitive juvenile to remain in the asylum state with supervision)

Why you need an Experienced Orlando Criminal Lawyer
Facing extradition is frightening because you could be sitting in prison time for 1-3 months just waiting for the extradition paperwork to be processed. You can't resolve the matter alone you need a Florida criminal defense attorney with experience in extradition law.

If in fact you live in Florida and have been arrested or charged with a crime committed in an additional state, or you live in an additional state but you're facing criminal charges in an additional, Orlando criminal lawyer William H. Bryan III, Esq. and his associates will assist you by:

• Contacting the prosecutor handling your extradition case.
• Negotiating with the other state to resolve charges quickly so you won't have to return to that state (or Florida )
• Negotiating a bail reduction or elimination if you agree to return to Florida (or the other state) on your own
• Working aggressively to assist you avoid custody or prison time

We have aided the majority defendants facing extradition.
call us immediately to arvariety for a free consultation to discuss your extradition case.

Please contact us for a FREE CONSULTATION

If in fact you have been arrested or under investigation for Extradition in Florida, it is significant that you hire an experienced Orlando Extradition criminal defense attorney to represent you. The Law Offices of William H. Bryan III, P.A. will work relentlessly to mount a successful defense to the charges with which you have been charged. As a former Assistant United States Attorney for nearly 10 years, William H. Bryan III is well versed in the strategies and tactics of the prosecution and can predict and anticipate the next move and how to aggressively defend Extradition in the state of Florida. We are a strong defender of our clients' consitutional rights and will do everything in our power to protect and defend them. William H. Bryan III, Esq. is an aggressive Orlando Extradition criminal defense lawyer who will organize and prepare every aspect of your Extradition case up to and including trial.