Tampa Extradition Lawyer
If you or a loved one has an outstanding extradition warrant or are being held in jail awaiting extradition, you may be unsure of your legal rights or the extradition process. At the law office of Trombley & Hanes, our Tampa extradition lawyer can provide legal support and representation throughout the process. Reach out to us today to learn more about extradition and how our Tampa extradition lawyer can help.
What Is Extradition?
Extradition is the formal process by which a person who is charged with a crime is arrested in one state on an extradition warrant and is then surrendered to another state for trial. Extradition can occur between states within the United States, but it can also occur between countries under international extradition laws.
State and Federal Extradition Laws
There are both state and federal extradition policies that impact the extradition process in Tampa. Florida statutes regarding extradition are found in Florida Statutes Chapter 941. Under the statutes, Florida will extradite on a felony warrant to other states. Florida has adopted the Uniform Criminal Extradition Act, which is a federal act found in 18 USC Section 3182. While the requirements under the act vary slightly based on state, essentially, in order to extradite a fugitive, the following criteria must be satisfied:
- A valid arrest warrant must be issued
- The state requesting extradition must issue a formal written request
- The fugitive in question must have their due process rights protected, including the right to a lawyer
- The court must conduct a hearing to determine if there is evidence to support extradition
- The state requesting the extradition must extradite the person within 30 days after the hearing/request has been granted
International extradition is different, and frequently more complicated, than interstate extradition. The process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country. Generally under United States law (18 U.S.C. § 3184), extradition may be granted only pursuant to a treaty. Therefore, if no treaty is in place with a particular country, an individual in that country may be beyond the reach of law enforcement. If the fugitive travels outside the country from which he or she is not extraditable, it may be possible to request his or her extradition from another country. This method is often used for fugitives who are citizens in their country of refuge. Some countries, however, will not permit extradition if the defendant has been lured into their territory.
However, some countries grant extradition without a treaty. Every such country requires an offer of reciprocity when extradition is accorded in the absence of a treaty. The United States will extradite, without regard to the existence of a treaty, persons (other than citizens, nationals or permanent residents of the United States), who have committed crimes of violence against nationals of the United States in foreign countries. A list of countries with which the United States has an extradition treaty relationship can be found in the Federal Criminal Code and Rules.
Every extradition treaty to which the United States is a party requires a formal request for extradition, supported by appropriate documents. Because the time involved in preparing a formal request can be lengthy, most treaties allow for the provisional arrest of fugitives in urgent cases. Thereafter, the United States must submit a formal request for extradition within a specified time set forth in the treaty.
The request for extradition is made by diplomatic note prepared by the Department of State and transmitted to the foreign government through diplomatic channels. It must be accompanied by the documents specified in the treaty. The Department of State will send the extradition documents and the translation to the American Embassy in the foreign country, which will present them under cover of a diplomatic note formally requesting extradition to the appropriate agency of the foreign government, usually the foreign ministry. The request and supporting documents are then forwarded to the court or other body responsible for determining whether the requirements of the treaty and the country’s domestic law have been met.
Although treaties are different, all generally require the following documents in support of the request for extradition: an affidavit from the prosecutor explaining the facts of the case; copies of the statutes alleged to have been violated and the statute of limitations; certified copies of the arrest warrant and complaint or indictment; evidence (usually affidavits) establishing that the crime was committed, including evidence to establish the defendant’s identity; and if the fugitive has been convicted, a certified copy of the order of judgment and committal establishing the conviction, an affidavit stating the sentence was not or was only partially served and the amount of time remaining to be served, and evidence concerning identity.
In general, a foreign government’s decision on a United States extradition request is based on the request itself and any evidence presented by the fugitive. Every extradition treaty limits extradition to certain offenses. Also, extradition treaties restrict prosecution or punishment of the fugitive to the offense for which extradition was granted. This limitation is referred to as the Rule of Specialty.
Foreign requests for extradition of fugitives from the United States are ordinarily submitted by the embassy of the country making the request to the Department of State, which reviews and forwards them to the Office of International Affairs (OIA). The requests are of two types: formal requisitions supported by all documents required under the applicable treaty, or requests for provisional arrest.
The Department of State reviews foreign extradition demands to identify any potential foreign policy problems and to ensure that there is a treaty in force between the United States and the country making the request, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190. If the request is in proper order, an attorney in the State Department’s Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty, etc., and forwards it with the original request to the Office of International Affairs.
In the United States, subject of an extradition is entitled to a hearing under 18 U.S.C. § 3184 to determine whether the fugitive is extraditable. If the court finds the fugitive to be extraditable, it enters an order of extraditability and certifies the record to the Secretary of State, who decides whether to surrender the fugitive to the requesting government. In some cases a fugitive may waive the hearing process. The United States government opposes bond in extradition cases.
The order following the extradition hearing is not appealable, but the fugitive may petition for a writ of habeas corpus as soon as the order is issued. The district court’s decision on the writ is subject to appeal, and the extradition may be stayed if the court so orders.
The Department of State may revoke the passport of a person who is the subject of an outstanding Federal warrant. Revocation of the passport can result in loss of the fugitive’s lawful residence status, which may lead to his or her deportation.
An Interpol Red Notice is the closest instrument to an international arrest warrant in use today. Interpol (the International Criminal Police Organization) circulates notices to member countries listing persons who are wanted for extradition. The names of persons listed in the notices are placed on lookout lists (e.g., NCIC or its foreign counterpart). When a person whose name is listed comes to the attention of the police abroad, the country that sought the listing is notified through Interpol and can request either his provisional arrest (if there is urgency) or can file a formal request for extradition.
Although, government sanctioned abductions of fugitives from foreign countries are rare, abduction is not a defense. In United States v. Alvarez-Machain, 504 U.S. 655 (1992), the Supreme Court ruled that a court has jurisdiction to try a criminal defendant even if the defendant was abducted from a foreign country against his or her will by United States agents. The courts apply the Ker-Frisbie doctrine, holding that a defendant in a Federal criminal trial may not successfully challenge the court’s jurisdiction over his person on the grounds that his presence before the Court was unlawfully secured. However, because abducting defendants from foreign countries carries political ramifications, the Department of Justice must approve such an operation in advance.
The Speedy Trial Clause of the Sixth Amendment and the Speedy Trial Act require the government to make a diligent good-faith effort to bring the defendant to trial promptly. In the context of extradition, this means that the government is obligated to seek the extradition of a fugitive as soon as his or her location becomes known unless the effort would be useless.
Services Provided By Our Tampa Extradition Lawyer
Awaiting extradition to or from Florida can be frustrating and nerve-wracking. It is important that you remember that it is your legal right to hire a Tampa extradition lawyer for representation throughout the process. Ways that we can help our clients facing extradition warrants include:
- Petitioning the court for an extradition bond to be released from custody
- Working on dismissal of the underlying charges
- Explaining the right to waive extradition and the consequences of doing so
- Contacting the prosecutor to persuade the prosecutor to drop extradition proceedings
Throughout the entire process, our job is to make sure that you understand your legal rights and that your rights are protected. We know how much is on the line for you and will advocate for you every step of the way.
Call Our Tampa Extradition Lawyers Today
Understanding the extradition process and what your rights are when a warrant for arrest and extradition has been issued can be overwhelming. Having a skilled, experienced attorney on your side who can guide you through the process and protect your rights is a comfort and a legal right. At the law office of Trombley & Hanes, we are here to help. To learn more about our Tampa extradition lawyers and the Tampa extradition process, call us directly today.
Frequently Asked Questions for Tampa Extradition
What Authority Governs State-to-State Extradition?
The U.S. Constitution’s Extradition Clause gives the authority to request and receive extradition between states. Additionally, the Uniform Criminal Extradition Act has been adopted by most states to streamline the process.
Can I Be Extradited to Another State for a Misdemeanor Charge?
The U.S. Constitution demands that states provide extradition only for felonies and treason, which means, in most cases, a state will not demand extradition for misdemeanors or minor infractions. Florida will, however, transport a person from one county in Florida to another on a misdemeanor warrant.
What is the Purpose of Extradition Bond?
If the demanding state provides sufficient information to support extradition, the individual may be placed in custody in Florida or partner with an extradition defense attorney in Tampa who may petition the court for an extradition bond. The bond is used as a deposit, or monetary promise, that the individual will be turned over to the proper authorities by/on a specific date. The bond allows the individual to be released to get their affairs in order before being extradited or to travel to the state without being escorted by law enforcement.
How Long Does an Extradition Order Take to Enforce?
The Uniform Criminal Extradition Act imposes a 30-day time limit on the State of Florida to physically extradite an individual. However, this time limit can be extended by up to 60 days at the court’s discretion where the individual is currently being held.
Can an Extradition Request be Denied?
Four legal grounds exist to deny an extradition request for an individual in Florida to another state. They include the following:
- Extradition documents are incomplete or not facially in order.
- Individual has not been charged with a crime in the demanding state.
- Individual is not the person named in the extradition documents.
- Individual is not a fugitive.
If you are facing extradition in Florida, contact our experienced extradition defense attorneys in Tampa today to help ensure your rights are protected from the moment the request is made. We can help you understand your legal options so that you can make informed decisions about your case.
What Does It Mean to “Waive” Extradition?
To “waive” extradition, an individual admits they are the person the requesting state is looking for and agrees it is proper for authorities to transport them back to face the pending charges. Waiving extradition does not mean admitting guilt or giving up the right to a trial or evidentiary hearing to challenge the allegations. Before waiving your rights, contact our skilled extradition defense attorneys in Tampa, so you understand your complete legal options first.