Can You Be Extradited Back to Florida After Fort Lauderdale Arrest?

Many people mistakenly believe that crossing state lines or international borders will shield them from pending criminal charges in Florida. This misconception can lead to serious consequences, including forcible return to Florida to face prosecution. At the Ansara Law Firm, our Fort Lauderdale criminal defense lawyers can assist clients facing extradition issues. If you live out-of-state or outside of the U.S. and are facing pending criminal charges in South Florida, professional legal representation is imperative.

Understanding Extradition in Florida

Extradition is the formal process by which a fugitive found in one jurisdiction is surrendered to another jurisdiction where they are accused of a crime. Florida’s extradition laws are governed by the Uniform Criminal Extradition Act (UCEA), which has been adopted into Florida Statutes under Chapter 941.

As a Fort Lauderdale criminal defense lawyer can explain, when you flee Florida to avoid prosecution, you’re not escaping the legal system – you’re merely delaying the inevitable while potentially adding additional charges.

State-to-State Extradition

The legal foundation for interstate extradition comes from the U.S. Constitution’s Article IV, Section 2, which states: “A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”

Florida Statute § 941.03 outlines the governor’s duty to arrest and deliver fugitives to requesting states. The process typically follows these steps:

1. Florida prosecutors request a warrant for your arrest
2. The Florida governor’s office issues an extradition warrant
3. The governor of the state where you’re located honors the warrant
4. Local law enforcement arrests you
5. You remain in custody until transported back to Florida

In the landmark case Michigan v. Doran (1978), the U.S. Supreme Court affirmed that once a governor has granted extradition, courts in the asylum state have limited authority to block the extradition.

International Extradition

International extradition is more complex and governed by treaties between the United States and foreign countries. The U.S. has extradition treaties with more than 100 nations, though these agreements vary significantly in terms of covered offenses and procedures.

The process typically involves:

1. Florida authorities contacting federal officials
2. The U.S. Department of State submitting a formal extradition request
3. The foreign country processing the request according to their laws and the applicable treaty

Notable cases like United States v. Alvarez-Machain (1992) demonstrate the lengths to which U.S. authorities will go to return fugitives to face justice.

Misdemeanors vs. Felonies: Practical Realities

While Florida law technically allows extradition for any criminal offense, including misdemeanors, practical considerations come into play. Florida courts have held that prosecutors have discretion in determining which cases merit the resources required for extradition proceedings.

Felony Extradition

For serious felonies (murder, sexual assault, armed robbery), Florida authorities almost always pursue extradition regardless of distance or cost. The state will even pay all costs associated with returning these fugitives.

Misdemeanor Extradition

For misdemeanors and lower-level felonies, extradition decisions often depend on:

1. Distance: Neighboring states like Georgia or Alabama are more likely extradition scenarios than California or Washington.
2. Cost: Although Florida Statute § 941.03 permits extradition, budget constraints may limit pursuing cases requiring significant resources.
3. Case priority: Violent or high-profile cases receive priority.

Why Fleeing Is Never the Answer

Beyond the inevitable legal consequences, fleeing Florida while charges are pending creates additional problems:

1. Fugitive status: An active warrant remains in national databases like NCIC, making any routine police encounter (even a traffic stop) a potential arrest situation.
2. Additional charges: Under Florida Statute § 843.15, failing to appear constitutes a separate crime:
   • For felony cases: Third-degree felony (up to 5 years imprisonment)
   • For misdemeanor cases: First-degree misdemeanor (up to 1 year imprisonment)
3. Bail revocation: Courts will revoke any posted bail and are unlikely to offer favorable bail terms once you’re recaptured.
4. Case prejudice: Fleeing creates an impression of guilt that can influence judges and prosecutors.

How a Florida Criminal Defense Attorney Can Help

If you’re facing charges in Florida but living elsewhere, a local Fort Lauderdale criminal defense attorney can provide essential assistance, such as:

1. Remote representation: In many pretrial proceedings, your attorney can appear on your behalf under Florida Rules of Criminal Procedure 3.180, potentially avoiding the need for extradition.
2. Negotiated surrender: Your attorney can coordinate with prosecutors for a voluntary surrender under favorable terms, often avoiding jail time during the process.
3. Challenge extradition: In cases with procedural errors or mistaken identity, your attorney can file appropriate challenges through a writ of habeas corpus under Florida Statute § 941.10.
4. Negotiate resolution: Sometimes, charges can be reduced or resolved without requiring your physical presence in Florida.

Contact us today to learn more about how the Ansara Law Firm can assist you with your pending Fort Lauderdale criminal charges.

Call Fort Lauderdale Criminal Defense Attorney Richard Ansara at (954) 761-4011. Serving Broward County.

Additional Resources:

Florida Rules of Criminal Procedure

More Blog Entries:

Fort Lauderdale Airport Gun Arrest: Understanding Florida’s Laws and Legal Consequences, March 20, 2024, Fort Lauderdale Criminal Defense Lawyer Blog