Miami, FL Extradition Attorney

Respected Miami Criminal Defense Lawyer Addressing Requests for Extradition to or From Florida

In some cases, a person who has been accused or convicted of a crime in one jurisdiction may be transferred to another jurisdiction to face criminal charges or stand trial. This is known as extradition. In Florida, extradition cases may involve a person who is arrested in Miami based on an outstanding warrant issued in another state or country. Similarly, Florida authorities may seek the extradition of someone who is currently located in another jurisdiction.

Extradition cases are often complex, involving multiple legal systems and procedural requirements. The Miami extradition lawyer at The Hoffman Firm can help people who are facing extradition requests understand their legal rights, challenge the process when appropriate, and work toward the most favorable resolution. Whether fighting extradition, negotiating a voluntary return, or seeking to resolve an underlying criminal matter, our attorney can provide invaluable legal support.

When Does Extradition Occur?

Law enforcement officials may seek extradition in several circumstances, including:

• Fugitives From Justice: A person who is charged with a crime may leave the city or state where the offense allegedly occurred, and they may be accused of fleeing to another state or country to avoid prosecution. Law enforcement officials may pursue extradition so that they will be returned to the original jurisdiction to face criminal charges.
• Failure to Appear in Court: If a person has an outstanding bench warrant for missing a required court date in another jurisdiction, authorities may seek extradition to force them to appear in court as required.
• Probation or Parole Violations: If a person is accused of violating the terms of probation or parole, and they relocate to another jurisdiction, law enforcement may request their return.

The specific procedures followed in extradition cases will usually depend on whether the request comes from another U.S. state or from a foreign government.

Interstate Extradition

Extradition between states is governed by the U.S. Constitution's Extradition Clause and Florida's Uniform Criminal Extradition Law. The process typically involves:

1. Extradition Warrant: If a person is arrested in Florida for an out-of-state warrant, the requesting state must submit proper documentation to justify extradition.
2. Governor's Warrant: If the warrant is approved, the Florida governor signs an extradition warrant, allowing law enforcement to detain the person for transport.
3. Extradition Hearing: The person may challenge extradition through a hearing, where they can contest the legality of the process or argue that they are not the person sought.
4. Surrender to the Requesting State: If extradition is approved, the person is transferred to the state seeking prosecution.

International Extradition

When a foreign government requests extradition, the process is governed by treaties between the United States and the requesting country. The U.S. Department of State and the federal court system will handle international extradition cases. Defendants may face challenges such as language barriers, differing legal standards, and concerns over fair treatment in the requesting country.

Issues That May Complicate Extradition Cases

There are a variety of factors that can make extradition cases more complex, including:

• Differences in State or International Laws: The laws of the requesting jurisdiction may differ significantly from Florida's laws, impacting the severity of the charges, the potential defenses, or the possible sentences a person could face upon conviction.
• Procedural Errors: If law enforcement fails to follow proper legal procedures when requesting extradition, the case may be challenged.
• Identity Disputes: A person may be wrongfully targeted for extradition due to mistaken identity, requiring legal action to prove they are not the subject of the warrant.
• Political or Human Rights Concerns: In international extradition cases, concerns about human rights violations, unfair trials, or inhumane prison conditions may be grounds to fight extradition.
• Statute of Limitations: If too much time has passed since the alleged offense, our attorney may argue that an extradition request should be denied.

How Our Miami Extradition Lawyer Can Help

Defendants who are facing extradition will need to determine what steps they can take to protect their rights. Our attorney can assist with these cases by:

• Challenging the Extradition Request: Our lawyer can argue against extradition if there are legal flaws in the request, such as a failure to provide sufficient evidence supporting extradition or a violation of a person's due process rights.
• Negotiating a Voluntary Return:In some cases, voluntarily returning to the requesting jurisdiction under negotiated terms may be preferable to forced extradition. Our attorney can work with prosecutors to arrange a controlled surrender that minimizes the time a person will need to spend in custody and allows for bail or pretrial release.
• Seeking to Resolve the Underlying Charges:Our lawyer may negotiate with the requesting jurisdiction to dismiss charges, reduce penalties, or reach a plea agreement without requiring the defendant's return.
• Providing Representation in Extradition Hearings:If extradition is contested, our attorney will advocate for the defendant in court, presenting arguments against the warrant and working to prevent transfer to another jurisdiction.
• Addressing International Extradition Concerns:Our lawyer may be able to challenge extradition based on human rights concerns, unfair legal systems, or improper diplomatic procedures. Legal defenses may also involve political asylum claims or requests for protection under U.S. law.

Contact Our Miami, Florida Extradition Defense Lawyer

When you are facing extradition in Miami, you will need to take immediate legal action to protect your rights. The Hoffman Firm can provide the legal help you need in these situations, and we will work to resolve your case successfully. Contact us today and request a free consultation by calling 305-249-0090.