First Appearance in Extradition Cases
If you are being detained for extradition to another state, you have certain rights that can be exercised at your first court appearance. In cases where you are being held for extradition back to Florida, the State of Florida will allege typically that you have done one of the following:
- been charged with a crime and not appeared in court;
- broken the terms of bond or bail;
- been convicted of a crime and violated conditions of release, the sentence, probation, or parole, or escaped from custody; or
- violated probation in another state.
If you are being detained in another State because the State of Florida seeks your return, then Florida will advise the authorities in the other state that they have or intend to start extradition proceedings for your return to Florida.
Attorneys for Extradition Cases in Florida
If you are a fugitive or are being held in another state awaiting extradition back to Florida, contact an experienced criminal defense attorney at Sammis Law Firm. We can help you understand the extradition laws that might apply to your case.
Our main offices are located in downtown Tampa, FL. We have a second office in New Port Richey across from the West Pasco Judicial Center. We help clients fight old warrants for extradition cases throughout the greater Tampa Bay area, including Hillsborough County, Pasco County, Hernando County, Pinellas County, and Polk County, FL.
Our extradition defense lawyers have their main office in downtown Tampa in Hillsborough County, FL. They also represent clients with an outstanding felony or misdemeanor warrant while awaiting extradition from their second office in New Port Richey in Pasco County, FL.
Call (813) 250-0500.
What Happens in Court at First Appearance for Extradition?
At the first court appearance, you must decide whether to challenge the legality of your arrest or fight the extradition (return) to the State of Florida.
You will also be asked to acknowledge that you have received a copy of any complaint or extradition papers issued, and I have been given a Waiver of Extradition form.
You should understand that you have certain rights, including:
- You have the right to be represented by an attorney.
- An attorney will be appointed to represent you if you cannot afford to pay for an attorney.
- You do not have to say anything about the facts or circumstances of the case.
- Anything you do say can be used against you.
- You have the right to challenge the legality of your arrest and to apply for a Writ of Habeas Corpus.
- You have the right to fight your extradition (return) to the State of Florida.
- You have the right to speak to an attorney before deciding whether to challenge your arrest or to fight extradition.
- You have a right to have bail set.
The Waiver of Extradition Form in Florida
Each jurisdiction has their own version of a standard waiver of extradition. For example, the form used in Hillsborough County, FL, often provides:
WAIVER OF EXTRADITION (Fla. Stat 941.26)
County of Hillsborough
State of Florida
I, [insert name of person being detained for extradition out of Hillsborough County to another state] hereby acknowledge that I am the person wanted by the State of ______________ on a pending arrest warrant charging the crime of [insert a description of the Fugitive Charges].
I hereby waive the issuance and service of a Florida Governor’s Rendition (Extradition) Warrant and all other procedures incidental to extradition proceedings and agree to remain in the custody of the Sheriff of Hillsborough County, Florida and voluntarily return to said state.
I hereby release Sheriff Chad Chronister and/or any member of the Hillsborough County Sheriff’s Office, from any liability relating to my arrest and custody in connection with the aforesaid charge(s).
Fugitive’s Signature
January 15th, 2026
Date Signed
I, the undersigned Judge of a Court of Records of the State of Florida, hereby certify [insert name of person being detained for extradition out of Hillsborough County to another state] personally appeared before me this date; that he/she was advised by me of his/her legal rights as provided for in Florida Statute 941.10, and that he/she freely and voluntarily executed the above Waiver of Extradition in my presence, and in the presence of Deputy __________ a Deputy Sheriff of Hillsborough County, Florida.
The Sheriff of Hillsborough County, Florida is ordered to hold the said [insert name of person being detained for extradition out of Hillsborough County to another state] in custody without bail and forthwith deliver him/her together with an executed copy of this Waiver to the duly accredited agent or agents of the State of ________
Witness my hand and Seal at Tampa, Hillsborough County, FL.
_______________
Judge J. Logan Murphy
Judge, Hillsborough County, Florida
Distribution:
Original-Extradition Coordinator Tallahassee, Florida
Copy-Warrant Unit File
Copy-Circuit Court Clerk Rev: 4/1/2015
Copy Demanding Agency
Should You Waive Extradition?
Talk to an attorney before deciding whether to waive extradition. If you fight extradition, you may be held in custody for up to 30 days (or possibly as long as 60 days) to permit the State of Florida to begin extradition proceedings against you.
With those rights in mind, you may request a court-appointed attorney, a continuance to consult a private attorney, or waive (give up) your right to have an attorney.
You may challenge the legality of the arrest, waive (give up) the right to challenge the legality of the arrest, fight the extradition (return) to the State of Florida, or waive (give up) the right to fight the extradition (return) to the State of Florida.
An experienced criminal defense attorney can help you decide. If you need advice about waiving the right to fight extradition to the State of Florida, contact an experienced criminal defense attorney at the Sammis Law Firm.
Call (813) 250-0500.
This article was last updated on Thursday, January 29, 2026.