Extradition to or from Orange County, FL
When an arrest warrant is issued in Orange County, FL, but the person named in the warrant lives outside of Florida, the extradition process results in the person being brought back to Orange County to face the criminal charges.
The authorities will only extradite a person from another state on a felony warrant. The authorities rarely, if ever, extradict someone on a misdemeanor case.
The extradition process typically takes less than 30 days, although it can take up to 60 days to secure the governor’s warrant and arrange to transport the person back to Orange County.
Depending on the circumstances, a criminal defense attorney might be able to help you obtain a bond so that you can be released from custody while awaiting extradition.
Although the Extradition Clause is federal, each state is allowed to determine the procedures used in that state. Most states, including Florida, have adopted the Uniform Interstate Extradition Act (UIEA).
Under the UIEA, once the Florida governor demands extradition, and the governor of the asylum state has granted it, the court in that state decides whether:
- the petitioner is a fugitive;
- the petitioner is the person named in the request for extradition;
- the petitioner has been charged with a crime in the demanding state; and
- the extradition documents on their face are in order.
When none of those issues are disputed, the person awaiting extradition might decide to “waive” the procedural protections found in the UIEA to speed up the process.
Attorney for Extradition in Orange County, FL
If you were arrested in another state pursuant to a warrant issued by a judge in Orlando, FL, or Orange County, contact a criminal defense attorney at the Sammis Law Firm.
Our criminal defense lawyers for Orange County, FL, can assist you throughout the case, even while you await extradition to Florida.
Contact us to discuss the charges pending against you, ways to avoid extradition, and the best defenses to fight the charges.
Let us put our experience to work for you.
Call (813) 250-0500.
Procedures for Extradition in Orlando, FL
After an Orange County Jail inmate has cleared all local charges and is detained solely on a warrant from another jurisdiction, the Orange County Correctional Release Specialist will immediately teletype to the other agency that the inmate must be picked up by a certain date and time or will be released from jail on ROR or bond, unless the agency requests an extension for good cause shown.
The Orange Sheriff’s Extradition Deputy follows a similar process for out-of-state fugitives where the inmate:
- has waived extradition;
- was ordered surrendered after habeas corpus proceedings concluded; or
- was ordered to surrender after a notice of appeal was not filed on the habeas corpus proceeding or the appeal was dismissed or affirmed.
When calculating the time periods, Saturdays, Sundays, and holidays are not counted. The deadlines for release are as follows:
- Inmates held for other states – 30 days from date of notification;
- Inmates held for all other Florida counties – 72 hours from Initial Appearance with no local charges; and
- Inmates held for contiguous Florida counties (Osceola, Seminole, Polk, Lake, and Brevard) are 24 hours after the Initial Appearance if there are no local charges.
If the time deadline for release passes without the pickup agency requesting an extension for good cause, the Correctional Release Specialist or the Orange County Sheriff’s Extradition Deputy, will request a written order of ROR or setting bond to the Judge conducting Initial Appearance hearings or to the weekend duty Judge by notifying the Clerk of Court.
If the inmate is held on a Florida warrant, the ROR order shall direct that they report to the proper court on a date and time certain. If the bond is set or reduced, the order tells the inmate to report to the court “when notified.” If the inmate is held on an out-of-state charge, the order for ROR or setting bond shall direct that the inmate appear before the Judge conducting fugitive hearings when notified.
The Orange County Corrections staff or the Sheriff’s Extradition Deputy will notify the pickup agency contact person by teletype that this action was taken, and will mail a copy of the order to the contact person.
The State Attorney or his designee has the authority to release pre-trial detainees without the approval of the court. Such authority only extends to those prisoners whom the State Attorney has determined shall not be prosecuted for the charged offense.
Within one (1) day of the pre-trial detainee’s release, the State Attorney’s office may initiate such an order of release by notifying the Orange County Department of Corrections by telephone, and then filing a written Notice of Release with the Chief Judge, the Clerk, and the Orange County Department of Corrections.
What happens if an accused person was booked into the Orange County Department of Corrections and the arresting agency determines that an error occurred and the accused should be released? In those circumstances, the Orange County Department of Corrections must release the accused provided:
- the accused person has been properly identified;
- the accused person does not have any outstanding warrants or writs that would hold the accused on another matter;
- the arresting agency files with Orange County Department of Corrections an affidavit requesting release, including an explanation of the alleged error.
None of these procedures used in Orange County, FL, were intended to abrogate other rules in Florida governing pretrial release or reduction of bond.
This article was last updated on Wednesday, September 11, 2024.
