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Have a family member doing almost 5 years prison in Ohio and

Customer Question
has a warrant in Florida...
Have a family member doing almost 5 years prison in Ohio and has a warrant in Florida. He may be expedited. What does that mean or what needs to be done?
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: The Warrant is in Florida from 2012 - 2013 and he has been doing time in Ohio for over 4 years
JA: Have you talked to a laywer yet?
Customer: No. He had a public defender years ago but not no more. He filed a notice of transfer I believe but the Florida clerk of court's says thats just informing them that he is doing time in another state thats it.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just need to know what papers he needs to file. He keeps getting the run around or no response. Not sure what he should do for this.
Submitted: 1 year ago.Category: Criminal Law
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9/27/2016
Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago
CalAttorney2
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Satisfied Customers: 10,244
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Criminal Lawyer: CalAttorney2, Attorney replied 1 year ago

Dear Customer,

"Extradition" simply means that the Florida county prosecutor's office will make a decision as to whether or not they wish to expend the money necessary to bring your family member back to Florida after he completes his sentence in Ohio to face prosecution for whatever crime he is being charged with in Florida (whatever the outstanding warrant is for in FL).

The time frame for them to make this decision is between 30 and 60 days of your family member being released - if he has more than this amount of time remaining on his sentence, the prosecutor's office has no obligation to rush their decision.

If your family member is being charged with a serious felony, I would highly recommend retaining a private criminal defense attorney that has some familiarity with extradition proceedings (a FL attorney) - this is not something that all criminal defense attorneys handle, but most will be able to. It is possible to "beat" an extradition hearing on the procedure (get around the 30 or 60 day timeline if the FL DA is not careful) - this does not mean the warrant goes away, but your family member may be able to avoid extradition at least for a little while. (Again, if he is charged with a serious felony, this may not be a realistic option - but again, having a good defense attorney early on is his best option if he is facing significant charges).

If he is facing minor charges, the FL DA may decide that the cost of doing an interstate extradition is not worth it, and will not pursue the extradition at this time - again, the warrant does not go away, but your family member may avoid extradition for awhile (unfortunately, there is no way I can tell you whether or not your family member's situation would be one that the DA would ignore or pursue).

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