Will Florida Extradite for a Felony?
When someone commits a crime in one state but is wanted for trial or punishment in another, the process of getting them back to face the music can be complex. Extradition is a legal process by which a state requests the return of an individual from another state, and it’s used to ensure that a suspect or accused person is brought to justice. In the case of Florida, will the state extradite for a felony?
Florida’s Extradition Process
Before answering this question, it’s essential to understand the process of extradition in Florida. According to the Florida Constitution, the state has a mandatory extradition law that requires the return of fugitives from justice who are charged with or have been convicted of a crime. Florida Statutes, Chapter 940.01 outlines the procedure for extraditing individuals accused or convicted of a crime in another state.
The Extradition Process in Florida
Here’s an overview of the extradition process in Florida:
- Request for Extradition: The requesting state must send a formal request for extradition to the Governor of Florida, along with evidence and charges against the fugitive.
- Preliminary Hearing: A judge conducts a preliminary hearing to determine if there’s probable cause to believe the individual is the person described in the warrant and is fleeing or attempting to evade arrest.
- Arrest and Detention: If the judge finds probable cause, the individual is arrested and detained.
- Governor’s Certification: The Governor of Florida certifies the extradition documents and orders the transfer of the fugitive to the requesting state.
- Transportation: The individual is transported to the requesting state to face trial or serve their sentence.
Will Florida Extradite for a Felony?**
So, **will Florida extradite for a felony?** The answer is **yes**, but with some caveats. According to Florida law, the state will extradite for a felony, but the requesting state must provide evidence that the accused person is a fugitive from justice and that there’s probable cause to believe they committed the crime. **Florida Statutes, Section 940.15** specifically states that “any person charged with a felony or a misdemeanor under the laws of this state may be extradited” upon a request from the Governor of another state.
**What Felonies Are Eligible for Extradition?**
The term “felony” includes a wide range of crimes, from violent offenses like murder and robbery to non-violent crimes like drug trafficking and fraud. According to **Florida Statutes, Chapter 921**, the following are considered felony offenses in Florida:
| **Crime** | **Punishment** |
| — | — |
| Murder | Life imprisonment or death |
| Attempted murder | Up to life imprisonment |
| Kidnapping | Up to life imprisonment |
| Arson | Up to life imprisonment |
| Aggravated assault | Up to 30 years imprisonment |
| Armed robbery | Up to life imprisonment |
| Burglary | Up to 30 years imprisonment |
Exceptions to Extradition for Felonies**
While Florida generally extradites for felonies, there are some exceptions:
* **Insanity**: If a suspect is found not guilty by reason of insanity, they may not be extradited to face trial in another state.
* **Plea Bargain**: If a suspect has pleaded guilty to a lesser offense or has been convicted of a lesser offense, extradition may not be necessary.
* **Time-Barred**: If the statute of limitations has expired in the requesting state, extradition may not be possible.
**Conclusion**
In conclusion, Florida will extradite for a felony, but the requesting state must provide evidence and charges against the fugitive, and the Governor of Florida must certify the extradition documents. While the process can be complex, it’s an essential mechanism for ensuring that accused persons are brought to justice and that victims of crime receive the justice they deserve. If you have any questions about extradition or are facing charges in another state, it’s essential to consult with a qualified attorney who is experienced in extradition law.
