Extradition to Manatee County
If you are accused of committing a crime while in Manatee County, FL, then you can be subjected to an extradition process if you leave the state of Florida.
The extradition process is contained in the U.S. Constitution in Article. IV, § 2, cl. 2, which provides:
“A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”
The purpose of extradition laws are to prevent one state from becoming a safe haven for those fleeing prosecution for a crime committed in another state.
Although the authority for extradition is federal law, each state is allowed to determine the particular procedures to be used in that state.
Attorney for Extradition for Manatee County, FL
If you are wanted for extradition to Manatee County, for a case pending at the courthouse in Bradenton, FL, then contact an experienced criminal defense attorney at Sammis Law Firm.
Our criminal defense attorneys for Manatee County, FL, can help you understand the best ways to avoid extradition, whether you might obtain an extradition bond, and the best ways to fight the underlying charges.
Whether you are being held in Manatee County for extradition to another state or whether you are being held in another state for extradition for prosecution in a case in Manatee County, FL, then contact us.
Florida’s Uniform Interstate Extradition Act
Florida has enacted the Uniform Interstate Extradition Act. The act requires the governor of the State of Florida, when requested to do so by the proper authorities of another state, to have arrested and delivered to the state requesting their return, any person who is physically present in the asylum state and is charged with a crime in the demanding state.
Extradition is a summary and mandatory executive proceeding.
During an extradition hearing, the court will review the documents to determine if there is an indictment, warrant or judgment provides sufficient evidence to show probable cause for the arrest or that the suspect has already been convicted of the offense.
The governor of Florida reviews the request from the other state. If the request appears to be valid, then the governor of Florida will order the extradition hearing.
During the extradition hearing, the court will not inquire into whether the suspect is guilty or innocent. Instead, the process focuses on the following issues:
- whether the suspect is the fugitive named in the documents;
- whether the suspect is the person named in the extradition request;
- whether the suspect has been charged with a crime in the demanding state; and
- whether the extradition documents are in order on their face.
If the extradition request is valid, then you will be returned to the demanding state for the trial.
This article was last updated on Wednesday, September 4, 2019.