Extradition to 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.
When it comes to Florida’s Uniform Interstate Extradition Act, the statute explains the definitions, the manner and place of extradition, the authority of 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 s. 941.06:
- the accused was present in the demanding state at the time of the commission of the alleged crime;
- that thereafter he or she 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 demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, the 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.
In a case of mistaken identity, the criminal defense attorneys at Sammis Law Firm can file a petition for 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.
At Sammis Law Firm, our main office is in downtown Tampa in Hillsborough County, FL.
Call (813) 250-0500 to discuss your case.
Polk County’s Administrative Order on Extradition
According to the Administrative Order No. 2-56.4 regarding the guidelines for setting for the first appearance docket, to help minimize the First Appearance docket and accord due process to all, 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.
This article was last updated on Wednesday, May 1, 2023.