If you are arrested on an extradition warrant, it can be a frightening experience, especially because the legal process that follows can be incredibly complex and difficult to follow. After an extradition-related arrest, you will be detained in a local jail as you wait to hear if you will be transported back to the state or country that issued the warrant. What follows the initial arrest will depend on whether you have legal representation and the origins of your extradition orders.
You’ve Been Arrested on an Extradition Warrant; Now What?
Let’s start at the beginning. What is an extradition order? An extradition order is a special warrant issued by a judge to a different state or country requesting an individual be returned to the jurisdiction where charges have been filed to face prosecution. If an individual is detained on an extradition warrant in Miami, after arrest and booking, they would eventually be extradited to the jurisdiction where the charges were filed. The timeline between arrest and extradition depends on factors such as the complexity of the case and the distance between Miami and the jurisdiction where the charges were filed. So, if you are caught in Miami on an extradition warrant, be prepared to wait until the authorities from the charging jurisdiction arrive to take you into their custody or your attorney takes other legal action in your case. In certain situations, a person facing charges in another state can avoid interstate extradition by taking legal action to dismiss the charges. This can be done by hiring an attorney who specializes in this field.
Are There Consequences to Extradition?
If a person is extradited to another jurisdiction, they will face charges against them in that jurisdiction. Depending on the nature of the charges, the person may also face fines or imprisonment. Additionally, being extradited can seriously impact a person's life, including their personal and professional relationships.
We’ve included a timeline below with a general guideline of what you can expect to happen after being arrested on an extradition warrant. Understanding this timeline can help you prepare yourself and make informed decisions. Still, it’s imperative that you seek legal advice as soon as possible to ensure your interests are protected throughout the process.
After you are arrested on an extradition warrant in Miami, you can expect the following:
- Arrest and Detention: After being arrested on an extradition warrant, you will be detained in a local jail in Florida. The length of detention depends on the complexity of the case and the distance between Florida and the jurisdiction where the charges were filed.
- Governor’s Warrant: Once you are detained, the state that issued the warrant will have to file a Governor’s Warrant requesting your extradition. Requesting a Governor’s Warrant can take several weeks or months.
- Hearing: Once the Governor’s Warrant is filed, you will be given an extradition hearing where a judge will determine whether to grant the request. You can contest the extradition request during the hearing, and your legal representation can argue that you should not be extradited.
- Appeal: If you are ordered to be extradited, you have the right to appeal the judge's decision. The appeal process can take several months and requires legal representation to handle the process.
- Extradition: If the appeal is unsuccessful, you will be extradited to the jurisdiction where the charges were filed. The transportation to the jurisdiction will be arranged by law enforcement, and the timeline can vary depending on the distance and logistics.
- Trial: Once you reach the jurisdiction where the charges were filed, you will face the charges brought against you in court. The trial process can take weeks, months, or even years and requires legal representation.
- Sentencing: If you are found guilty in the trial, you will face sentencing, which can include fines, probation, or imprisonment.
Being arrested on an extradition warrant can result in a lengthy legal process that can take months or even years to resolve. It is important to seek legal help and act quickly to understand your options and lessen the consequences you may face. Being caught in Miami on an extradition warrant can have serious consequences – especially if you aren’t aware of your rights. An attorney can help you understand your options and possibly fight the warrant.
Contact The Hoffman Firm Today
The Hoffman Firm provides services to clients who find themselves facing complicated legal situations, like an extradition order and hearing. We assist clients in deciding whether to waive extradition or request an extradition bond while awaiting extradition to another state. With our experience in this area, we can provide clients with the valuable guidance and legal representation needed to face extradition head-on!
If you or someone you know is arrested on an extradition warrant, our legal team can help you understand your legal situation and ensure that your rights are protected throughout the process. Our experienced attorneys can also provide guidance and representation, from protecting your rights at the extradition hearing to understanding your options for appealing the decision. Do not hesitate to ask for an attorney; it is your right, and it can make all the difference in the outcome of your case. Contact The Hoffman Firm today at (305) 928-1669 to schedule a consultation.