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Extradition to Pasco County, FL

Extradition is the process of detaining a person in one state until the person can be pickup by the authorities in another state and transported back on an outstanding felony warrant. Through extradition, the person is brought back to court to answer the charge in the jurisdiction where the warrant was issued.

We are often asked: “How long does extradition take?” The answer is that the extradition process normally takes 30 days or less, but it can take longer.

Under § 941.15, Fla. Stat., a person charged with having committed a crime in another state may be held up to thirty days prior to receipt of a formal request for extradition from the state having jurisdiction over the offense and the issuance of a warrant of extradition by the Governor of this state.

For example, if you were accused of a felony in Pasco County, FL, and a judge at the courthouse in New Port Richey or Dade City, issued a warrant for your arrest, then you can be extradited back to that jurisdiction even if you leave the state of Florida.

In extradition cases, your constitutional right to a speedy trial or the statute of limitations might come into play. If you are being held for extradition, you can consent to extradition (often called “waiving extradition”) or request an extradition bond.

Before you sign the “waiver of extradition” form agreeing to be held without bond pending extradition, talk to an experienced criminal defense attorney about all of your options.

Attorney for Extradition to Pasco County, FL

If you have an outstanding arrest warrant pending in Pasco County, FL, then contact an experienced criminal defense attorney at Sammis Law Firm.

We can also help you if a family member was recently picked up in another state and is awaiting extradition to Pasco County, FL, at the courthouse in New Port Richey or Dade City.

Our main office is in downtown Tampa. We also have a second office in New Port Richey in Pasco County, directly across from the courthouse at the West Pasco Judicial Center.

Contact us to find out more about filing a motion for an extradition bond. We can also help you decide whether you should “waive extradition” by signing a Written Waiver of Extradition Proceedings (often called the “extradition waiver form”).

Call 727-807-6392 to discuss your case.


The Definition of “Extradition”

The term “extradition” is defined as the formal process to bring a fugitive arrested in one state (the asylum state) on an extradition warrant to another state (the demanding state) for trial or sentencing.

The extradition warrant in Florida is defined as an arrest warrant issued by a court in Florida that can be used to detain a fugitive found in another state until the authorities in Florida can transport the fugitive back to the jurisdiction where the warrant was issued.


Securing an Extradition Bond in Florida

You are not permitted to post bond on the warrant until you are brought back to that jurisdiction. However, if you are detained on an extradition warrant, the court in the asylum state might allow you to post an extradition bond.

The extradition bond allows you to post a bail-bond conditioned on an agreement that you will appear at any future court proceedings regarding the extradition request. Burkhart v. Jenne, 814 So. 2d 1064 (Fla. 4th DCA 2001).

You can post bond so that Florida can decide whether it wants to go forward with the extradition process or forgo extradition.

You can seek an extradition bond even if you acknowledge the validity of the fugitive warrant. In those cases, you might express your willingness to voluntarily travel to the demanding state to surrender on the bond, and then return to the asylum state to provide proof that you surrendered. When you show proof that you surrendered, the extradition bond can be released.


Requirements for the Extradition Hearing

Before being extradited, the courts follow certain procedural safeguards intended to ensure that the arrest warrant is valid and that the warrant actually names the person being detained.

To meet these requirements, the demanding state must produce a sworn charging document alleging that a criminal offense occurred. The charging document must be certified as authentic by the demanding state.

The document must also provide sufficient information to identify the person wanted so that it can be matched with the person being detained. This requirement is intended to prevent any instance of mistaken identity.

Before being extradited, the courts follow certain procedural safeguards intended to ensure that the arrest warrant is valid and that the warrant actually names the person being detained.

To meet these requirements, the demanding state must produce a sworn charging document alleging that a criminal offense occurred. The charging document must be certified as authentic by the demanding state.

The document must also provide sufficient information to identify the person wanted so that it can be matched with the person being detained. This requirement is intended to prevent any instance of mistaken identity.


Sample Waiver of Extradition Form

What does the standard extradition of bond form look like? After being detained on an out of state fugative from justice warrant in Pasco County, FL, at the courthouse in Dade City or New Port Richey, you might be asked to sign a “waiver of extradition” form.

The sample waiver of extradition form often used in Pasco County, FL, is listed as PSC# 20063 (Rev. 12/08).

lN THE CIRCUIT COURT
IN AND FOR PASCO COUNTY, FLORIDA

CASE NO.: ________________________
WAIVER OF EXTRADITION

I, ______do hereby freely and voluntarily state that I am the identical _______________ against whom criminal proceedings, charging me with the commission of a felony, specifically ___________________ instituted in the County of ______________________________, State/Commonwealth of ________________.

I hereby certify that I was brought before ____________, Circuit/County Court Judge in and for Pasco County, Florida, and was informed  of my rights under the State of Florida regarding the issuance and service of a warrant of extradition and was further informed of my constitutional rights to obtain a Writ of Habeas Corpus to contest the legality of my arrest.

In view of my legal rights in extradition proceedings as heretofore explained to me before this Honorable Court, I do hereby waive any and all such legal and constitutional rights and do further consent to this Waiver of Extradition as evidenced by my signature, as hereto affixed.

I do this voluntarily of my own free will and without duress or promise of reward of leniency and agree, consent and elect to return to said County of ______________________________, State/Commonwealth of ________________ for the purpose of answering  to the charges alleged and presently pending against me.

This waiver is made by me without reference to my guilt or innocence and shall not be considered in any manner as prejudicing my case.

This waiver is not in any sense an admission of guilt.

I further wholly exonerate Chris Nocco, as Sheriff of Pasco County, FL, and any of his agents, deputies and/or assigns from any and all liability in this connection and agree to voluntarily accompany to the State/Commonwealth of ________________, any peace officer who may be sent to take me to said State/Commonwealth for trial.

It is further understood and agreed to that I will be remanded to the Sheriff of ____________ County and be held without bond pending extradition.

Signed: ____________________
Date: ____________________

This statement and waiver executed in triplicate at City of New Port Richey / Dade City, County of Pasco, and State of Florida, this _______ day of ______________, 2019.

________________________________________
Circuit/County Judge, Pasco County, Florida

THE ABOVE NAMED RESPONDENT, HAVING WAIVED HIS RIGHT OF EXTRADITION, IS HEREBY REMANDED WITHOUT BOND PENDING ARRIVAL OF THE DEMANDING STATE.


Additional Resources

Fugitive Warrants Unit at the Pasco Sheriff’s Office – The Fugitive Warrants Unit at the Pasco Sheriff’s Office includes four detectives and one sergeant who identify, locate and arrest high priority offenders who have an active warrant, or where probable cause has been established for an arrest. The fugitive warrants unit makes it a priority to focus on violent crimes and the most serious offenses. The Fugitive Warrants members are involved in the extradition of wanted persons from inside and outside the state of Florida. These officers use surveillance and intelligence gathering techniques to maximize their effectiveness.

Definition of Extradition – Visit the Pasco County Clerk of Court website to find a glossary of terms used in the criminal justice system including extradition. The definition of extradition is the surrender by one state to another of a person accused or convicted of an offense outside its own territory and within the territorial jurisdiction of the other, with the other state which is competent to try him/her, demanding his/her surrender.


Finding a Lawyer for Extradition to Pasco County, FL

If you are wanted for an outstanding fugitive arrest warrant in Pasco County, FL, then contact an experienced criminal defense attorney at Sammis Law Firm. With offices in New Port Richey, FL, our attorneys represent clients for Florida extradition fugitive warrants pending at the courthouse in New Port Richey or Dade City.

Our attorneys are familiar with the tactics used by the detectives with the Fugitive Warrants Unit at the Pasco Sheriff’s Office and the standard operating procedures that govern how they do their job.

We can help you decide whether you should sign a Written Waiver of Extradition Proceedings and/or seek an extradition bond during a hearing in the Circuit Court.

Many of these extradition warrants are extremely old. The criminal defense attorneys at Sammis Law Firm have represented clients on extradition warrants that are 10, 20, even 30 years old. If the warrant is particularly old or was issued for a violation of probation, a criminal defense attorney might be able to get the underlying case dismissed before you are extradited.

If the arrest warrant in Pasco County, FL, was issued in error or in a case of mistaken identity, your attorney can file a motion to quash or set aside the warrant so that you do not have to go into custody.

Call 727-807-6392 to discuss your case.


This article was last updated on Wednesday, August 21, 2019.

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