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My daughter stole some rings in michigan. She gave them back

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My daughter stole some rings in michigan. She gave them back but was still charged with felony larceny over $1000 given 3 yrs prob. She has 1 yr left of prob. She did interstate transfer to Florida. She violated by missing seeing her PO in FL. She also got charged with petty theft for $10. What are the chances that Michigan will want her back? Can she fight extradition (she has no home there, and her daughter lives here) she is 23 yrs old. What are her chances of wining extradition? who decides the county in michigan where original chare was or the Govener. She has mental illness and a drug problem? She is signed a from that she would not fight extradition, however in fine print it said she could revoke it at any time??PLease help
Submitted: 4 years ago.
Category: Criminal Law
Expert:  LawTalk replied 4 years ago.
Good morning,

Michigan transferred her probation to FL. Florida will now be dealing with her on the new crime. It is entirely possible that Michigan will not want her transfered back. I would not expect an extradition request.

However, her waiver of extradition, should Michigan wish to violate her, is entirely enforceable and she won't be able to fight it. If however, the agreement allowed her to revoke the waiver, then presumably she can. The reality is that if Michigan wants her back--Michigan will get her back. I see no justifiable reason for the state of Florida to deny extradition.

Generally, extradition is made to the county where sentence was imposed in the first place.

I wish you well in 2010.

Best regards,

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
How do I ask Doug an additional question?
Expert:  LawTalk replied 4 years ago.
Ask away. Right here.
Customer: replied 4 years ago.
Thank you doug for your answer. I just had a few more questions. First, would my daughter have to finish with her charges in Florida before the extradition takes place (if it does)? Also, does the County she originally has the charge out of, the one that can demand her back or if she fights extradition does the Govenor of Michigan have to approve it? and lastly is there does it ever happen that they will just re-instate her probation down here? Her violations are minor and her original crime was minor in comparison to all the higher felonies that are out there. Thank you again.
Expert:  LawTalk replied 4 years ago.
Good evening

Extradition could take place at any time....before or after FL is done with her.

It is unlikely that Florida would argue to keep her though--they have a crime which is a minor misdemeanor. MI has her on a felony and probation violation.

The Governor doesn't become involved. Only executive authority is needed.

"...and lastly is there does it ever happen that they will just re-instate her probation down here?" Anything is possible. As I said MI may well not even want her back.

Finally, extradition is unlikely as she is not a fugitive from justice.

While I suspect that you may have more questions as regards XXXXX XXXXX as time goes on, under the rules of JustAnswer, users are supposed to ask only one question per question thread. While your many follow up questions do relate to the facts you have initially stated, they are in fact new and different questions and should be placed into a new question thread.



Best regards,

Doug

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