Some legal guidelines for extradition in Florida include the requirement for a valid arrest warrant in the state requesting extradition, a written request from the governor or executive authority of that state and a court hearing to determine if the facts warrant extradition, reports the Morris Law Firm. If there are sufficient grounds for extradition, the requesting state has 30 days to take custody of the person and transport him back to that state.Continue Reading
Under the U.S. Constitution, states must provide for extradition for felonies and treason, but not necessarily for misdemeanors, according to the Morris Law Firm. The Uniform Criminal Extradition Act of 1985 sets up the procedure for states returning fugitives back to where they are wanted for crimes. The law does not demand that states seek extradition, and that decision is usually made by state prosecutors. The person who is being extradited must be offered legal representation, and that person may choose to waive his right to a hearing.
In Florida, the state requesting extradition must provide a copy of the indictment, an affidavit from the state, or a copy of a judgment of conviction or sentence imposed, states the Morris Law Firm. The state also must submit a statement by the state's executive authority that the person has escaped a confinement or broken the terms of his or her bail, probation or parole. The requesting state must then prove to the state of Florida that the person in custody is the person they are trying to extradite.Learn more about Crime