Our client was arrested at his home in Hillsborough County, FL, on an out-of-state fugitive warrant on October 28, 2024. We were retained the next day, right before the 1:30 p.m. first appearance hearing. Although most people are held in jail with “no bond” while awaiting extradition, we convinced the court that an extradition bond was appropriate. We also argued that the criminal report affidavit (CRA) lacked probable cause because it contained no description of any facts explaining why our client was the same person identified in the out-of-state warrant. Nothing in the CRA disclosed what the out-of-state charges were or when they were allegedly committed. That day, the court agreed to ROR our client with a private GPS monitor and asked us to return to court in two days when more information might be available. During that time, we contacted the out-of-state prosecutor and got them to agree that our client could “self-surrender” the following week. When we returned to court in Hillsborough County on October 31, 2024, the state had no objection to that arrangement. On November 1, 2024, the Honorable J. Logan Murphy entered an “Order of Release,” which provided:
Because the information necessary to place conditions of release on Defendant …. after examination in this fugitive case has not been presented to the Court, Defendant …shall be RELEASED and all conditions of release (including a private GPS and any restrictions on travel) shall be LIFTED. ss. 941.13, 941.14, 941.15, Fla. Stat. (2024); France v. Judd, 932 So. 2d 1263 (Fla. 2d DCA 2006).
This order does not dismiss this fugitive case, which shall remain open. The Court will enter a more detailed order addressing all of [Defendant’s] pending charges and the future progress of this case. See Carterv. Coleman, 443 So. 2d 491, 493 (Fla. 2d DCA 1984) (“[A] discharge from bond or custody does not mean dismissal of all extradition proceedings.”).
On November 3, the court entered a more detailed order of release that dismissed the case entirely. Read the order here: Order Dismissing Fugitive Warrant.›
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