Extradition to or from Polk County

The rules for extradition that apply to Polk County, FL, can be found in Chapter 941 regarding Florida’s Uniform Interstate Extradition, fugitive warrants, and the interstate corrections company.

Florida’s Uniform Interstate Extradition Act explains the manner and place of extradition, the authority of the arresting officer, the form of the demand, and the procedural rules.

As required by Florida Statute Section 941.03, the demand for the extradition of a person charged with a crime in another state is only recognized by the Governor of Florida if the following elements are alleged in writing, except in cases arising under Section 941.06:

• the accused was present in the demanding state at the time of the commission of the alleged crime;
• that thereafter the accused fled from the state; and
• the case is accompanied by one of the following documents:
  • an authenticated copy of an indictment found or by information supported by an affidavit in the state having jurisdiction of the crime; or
  • a copy of a warrant supported by an affidavit made before a committing magistrate of the demanding state; or
  • a copy of a judgment of conviction or of a sentence imposed in the execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole.

The indictment, information, or affidavit made before the magistrate must substantially charge the person being detained with having committed a crime under the law of that state. The copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.

Attorney for Extradition to Polk County, FL

If you are awaiting extradition to or from Bartow in Polk County, FL, contact an experienced criminal defense attorney at Sammis Law Firm. Our extradition attorneys in Florida can help you understand the timeline for the extradition process, ways to speed up the process, whether you should sign the waiver of extradition form and the best ways to fight the underlying charges.

At your first appearance hearing, if the criminal report affidavit does not contain sufficient evidence to prove you are the person wanted in the other state, we can argue that you must be released from custody because of the lack of probable cause.

In a case of mistaken identity, the criminal defense attorneys at Sammis Law Firm can file a petition for a writ of habeas corpus asking that you be discharged from a Governor’s warrant in an extradition proceeding because of that mistake. Other grounds for the habeas corpus action include an extradition bond being improperly denied, being held too long, or other irregularities.

Visit our main office in downtown Tampa in Hillsborough County, FL. We are experienced fighting cases at the courthouse in Bartow and throughout Polk County, FL.

Call (813) 250-0500 to discuss your case.

Polk County’s Administrative Order on Extradition

Administrative Order No. 2-56.4 previously set the guidelines for the first appearance docket. The order was intended to help minimize the First Appearance docket and accord due process to all by setting the following procedure will be followed at the courthouse in Bartow, FL, in Polk County:

Early each weekday morning, a list of all persons booked into the Polk County Jail before 5:00 a.m. that morning shall be reviewed. If possible, the list shall be arranged by category of detainee including those being held for extradition or an out-of-county warrant.

Effective September 8, 2021, Administrative Order AO 2-67.2, sets the following procedures for extradition and the detention of out of state VOP probationers or parolees under the interstate compact:

• I. Extradition :
  • All persons arrested upon a charge of treason, felony, or other crime from any other state must be brought before the court for an initial extradition hearing, which will be scheduled on the First Appearance Hearing (“FAH”) Docket.
  • Pursuant to § 941.10 (1), Florida Statutes, the FAH Judge “shall inform the person of the demand made for his or her surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel; and if the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus.”
  • If subsequent hearings are deemed necessary, such hearings will be scheduled on an appropriate felony docket.
•  II. Detention of Out-of-State VOP Probationers and Parolees:
  1. Whenever an offender who has been transferred for supervision under the interstate compact from a sending state is booked into the Polk County Jail by warrant or warrantless arrest on a violation of probation or parole violation, they are entitled to a first appearance hearing. See I.C.A.O.S. R. 5.108. They are not entitled to “bail or other release conditions . . .” See I.C.A.O.S. R. 5.111.
  2. At the FAH, the FAH Judge will advise the offender of their rights and will schedule a probable cause hearing, within three (3) calendar days or as close thereto as possible, on an appropriate felony docket. The Clerk, at the FAH, must also set a status hearing twenty-one (21) calendar days or as close thereto as possible on an appropriate felony docket.
     • If probable cause is not found, the offender must be released.
     • If probable cause is found, and if the offender is charged with a new criminal felony or misdemeanor charge, the offender must not be released to the sending state until the charges are dismissed or otherwise resolved, the offender is placed on probation, or the State Attorney consents.
     • If probable cause is found, and if the offender does not have any pending charges, then the Department of Corrections must notify the sending state and the sending state will have 15 business days thereafter to notify of its decision to retake the offender. If the sending state decides to retake the offender, the offender must be released to the sending state regardless of any status hearings, etc.
  3. The status of any offender will continue to be monitored until the offender is retaken by the sending state or released. Upon the resolution of any pending charges, the Sheriff’s Office Warrants Division must notify the Department of Corrections, and the sending state will have thirty (30) calendar days to pick up the offender from the date the local charges were disposed of or the offender was released from incarceration on local charges.
  4. If the offender is still in custody, the Department of Corrections must update the presiding judge at the time of the offender’s next status (or other) hearing of the sending state’s decision to retake or not to retake the offender. If the sending state has issued a warrant for the offender, that shall be prima facia evidence of the sending state’s decision to retake.
  5. If the offender is arrested on the sending state’s warrant and the sending state does not retake the offender within thirty (30) calendar days, the offender must be released and not rearrested on that warrant. However, the offender shall be ordered by the presiding judge to leave the State of Florida and return to the sending state and the court of appropriate jurisdiction within thirty (30) calendar days. The Offender’s failure to leave the State of Florida as ordered by the Court will result in contempt of court and constitute a new violation of probation or parole for which a new warrant will be issued, and the offender shall be taken into custody and the sending state re-notified.

This article was last updated on Friday, November 1, 2024.