Extradition Proceedings

Extradition Proceedings can be a matter of returning a fugitive found in one state to another state in the United States where he is sought as a fugitive in state court practice; It can also deal with District to District proceedings in the federal court where a defendant is arrested in one District in the United States and his removal is sought to another District in the United States; these proceedings are referred to in the federal system as removal proceedings;

Finally a person in the United States or abroad who is sought either here or abroad can be the subject of international extraditions.

The State of Florida Uniform Extradition Act is found in Florida Statutes section 941.01 et. seq.

The act makes it clear that it is the duty of the governor of each state to have delivered up to another state or territory of the United States fugitives from justice. State extraditions require that the defendant be present in the demanding state at the time he committed the crime alleged or at the time he broke parole or probation and that thereafter he fled from the demanding state.

The Governor of Florida may investigate the extradition through the department of Legal Affairs. If the Governor of Florida believes the demand should be complied with he may sign a warrant of arrest directed to a peace officer to serve on the defendant. This warrant is commonly known as a Governor's warrant. Once a fugitive is arrested he is entitled to a lawyer and if eligible a writ of habeas corpus regarding his eligibility for release, if any. Judges in Florida , may likewise issue arrest warrants for fugitives from justice present in another State.

Once a judge in Florida agrees to a defendant's commitment to await requisition by the demanding State, the demanding State has only 30 days to bring the fugitive back from Florida; This time period may be extended to a period not to exceed 60 days Bond may be set for a defendant found in Florida unless the crime alleged in the demanding state is punishable by death or life imprisonment.

If a crime is pending against a fugitive in this State at the time a demand is made for his arrest by another state the governor has discretion to permit the defendant to remain here until the Florida crime has been prosecuted.

A person brought here for criminal prosecution can not be served civilly in Florida until the crime charged here is disposed of. Finally a defendant arrested in Florida may waive his right to an extradition hearing so that he may be returned to the demanding State more quickly to fight the charges there.