Fort Lauderdale Criminal Attorney Blog
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:
- Florida prosecutors request a warrant for your arrest
- The Florida governor’s office issues an extradition warrant
- The governor of the state where you’re located honors the warrant
- Local law enforcement arrests you
- 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:
- Florida authorities contacting federal officials
- The U.S. Department of State submitting a formal extradition request
- 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. Continue reading
