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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118127
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband has a felony violation of probation warrent from

Customer Question

My husband has a felony violation of probation warrent from 2009. I was pulled over in 2010 and the Michigan State Police brought him in.....contacted Florida about his warrent and Florida did not want to extradite. Here it is now Dec of 2015 my husband is now being held waiting extradition to Florida...we now live in Georgia and not Michigan. Florida is wanting to extradite.....I was told that according to Flroda State law...his charges should have been dropped in 2010 when Florida denied extradition proceedings. Is this true? The judge here now says that if Florida doesn't pick him up within this time frame of 10 days he will be released and Florida drops all it sounds to me as if they should have been dropped the first time they knew where he was amd was waiting for extradition...correct? I have the paperwork from Michigan from when Florida didnt want to extradite in 2010. Will be contacting an extradition lawyer on Monday as well.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Just because the state did not choose to extradite in 2009 does not mean the warrant is extinguished. A state has the right to choose whether or not to extradite on a warrant because they have to pay for the extradition. The fact they did not want to extradite from as far as MI does not equate to then dismissing the warrant. They have a right to decline extradition and they can keep the warrant active (as the probation violation still occurred) and now he is in GA where it is much closer to FL, they can drive to extradite.
The GA judge is correct though, that if the police from FL fail to pick him up he will be released, but you need to get him a lawyer in FL to work on getting that warrant recalled.