Question 1

What is extradition in Florida?

Accepted Answer

Extradition: the legal process of transferring a person accused or convicted of a crime from one state (the asylum state) to another state (the demanding state) for prosecution or punishment. FL: Chapter 941 (the Uniform Criminal Extradition Act) governs extradition. The U.S. Constitution (Article IV, Section 2, Clause 2): requires states to deliver up fugitives upon demand. FL: acts as both a demanding state (requesting the return of fugitives from other states) and an asylum state (receiving requests to return fugitives to other states).

Question 2

What is the Florida extradition process?

Accepted Answer

FL process: demand (the demanding state’s governor sends a demand to the FL governor: accompanied by copies of the indictment, information, or affidavit charging the crime), governor’s warrant (the FL governor reviews the demand and if valid: issues a governor’s warrant authorizing the arrest of the fugitive), arrest (FL law enforcement arrests the fugitive pursuant to the governor’s warrant), hearing (the fugitive has the right to a hearing before a FL circuit judge: to determine whether the extradition documents are in order), waiver (the fugitive may waive extradition and agree to return voluntarily), and transfer (if the extradition is upheld: the fugitive is transferred to the demanding state’s custody).

Question 3

What rights does a fugitive have in Florida extradition proceedings?

Accepted Answer

Fugitive rights: habeas corpus (the fugitive can file a writ of habeas corpus to: challenge the legality of the detention; the court reviews: whether the fugitive is the person named in the demand, whether the demand documents are in order, and whether the fugitive was charged with a crime in the demanding state), identity (the fugitive can challenge: whether they are the person named in the demand), counsel (the fugitive has the right to: an attorney; if indigent: a public defender is appointed), and bail (FL: the fugitive may be admitted to bail pending the extradition proceedings; the court considers: flight risk and the seriousness of the charges). Limited defenses: the fugitive cannot: challenge the merits of the criminal charges in FL (that must be done in the demanding state).

Extradition Interstate Fugitive Transfer

FL Interstate Extradition

The Process

Fugitive Rights

Limitations

Related Terms

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