If you have an outstanding warrant in Broward County, but you reside in another state or county you can still be brought back to Broward County to answer the charges. Extradition warrants are often called the "out-of-state fugitive warrant."
As a practical matter, Florida will rarely (if ever) extradite someone on a misdemeanor warrant. Most of extradition warrants are for serious felony charges. In some cases, the local prosecutor will refuse to extradite someone being held out of state for a variety of reasons.
We also represent people being held in Broward County for extradition to another state while awaiting the extradition process to be brought back to that state to answer the charges.
Call us for a free consultation to discuss your case. Call (954) 716-8538.
If an individual is detained on a warrant requesting or requiring extradition the Broward County Sheriff shall provide a docket of cases to be heard to the judge with a copy to the State Attorney, Public Defender, and Clerk. Any and all hearings required by law or rule of procedure shall be heard by the judge assigned to the First Appearance Division.
Article Four, Section 2 of the U.S. Constitution provides that each state should cooperate with the extradition of an individual “on demand” from another state. The power to extradite a person from one state to another is codified in the Uniform Criminal Extradition Act (UCEA) which was passed in 1941. The “Uniform Extradition Act of Florida” is found in Florida Chapter 941. The act provides for the obligations of the Governor to cooperate in the apprehension and transport of any fugitive from justice.
Florida has more than 300,000 outstanding warrants in the National Crime Information Center (NCIC) computer system. The NCIC computer system provides federal, state and local criminal justice agencies with computerized access to information on fugitives and persons with outstanding felony and misdemeanor warrants. The information is available 24 hours a day in all 50 states.
If you are awaiting extradition back to Broward County, FL, the extradition process usually takes between 2 weeks and 90 days. Within the Uniform Criminal Extradition Act is a 30-day time limit during which the State of Florida must physically come to get you in the jurisdiction in which you are being held. Despite the time limit, the court can extend the 30 day period by up to an additional 60 days so that you can be held longer while awaiting extradition.
Even if you are released because Florida declines to pick you up, the officers can come again to pick you up and hold you a second or third time. In some cases, the NCIC will show a “no extradition” notation if Florida has previously declined to extradite. If that notation is eventually lifted, then the process starts again each time you are picked up on the warrant out of state.
It can be expensive to extradite a person from another state. In fact, it can cost between $250 to several thousand dollars with an average cost of approximately $2,500. At the end of the case, the judge can attempt to recoup that expense by making the defendant pay it while on probation as a cost of prosecution.
If you live in another state but have an outstanding felony warrant in Broward County, FL, then take a pro-active approach to resolving the warrant. Don't just wait to be picked up in another state and held for extradition back to Ft. Lauderdale in Broward County, FL. Instead, hire a local criminal defense attorney experienced in representing clients for felony charges.
We can obtain a copy of your file from the State Attorney's Office and negotiate with the prosecutors to find ways to resolve the underlying case. Special options might be available if the warrant is particularly old or if the warrant is for violation of probation and you are now in compliance with all terms and conditions.
Call an attorney at Meltzer & Bell, P.A. to discuss your case and ways to resolve the outstanding warrant and underlying case on the best possible terms. The criminal defense attorneys at Meltzer & Bell, P.A. in Fort Lauderdale, FL, are experienced in helping people being held awaiting extradition back to Ft. Lauderdale and Broward County, FL. We can begin your defense today.
This article was last updated on Friday, October 21, 2016.
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