The Miami extradition lawyers at DMT specialize in assisting individuals who have been arrested in the South Florida area with charges pending in other states. DMT has successfully represented clients in extradition cases from Miami and the South Florida area to other court jurisdictions within the United States. Imagine yourself returning to the United States from a cruise in the Bahamas or on a flight from South America. While your passport is being checked, a customs official places you under arrest and you are taken to a small room in the Port of Miami or the Miami International Airport. After spending hours at the port or the airport, you are arrested, taken to the Miami-Dade County Jail on an open arrest warrant from another state. You are given an orange jump suit and taken before a judge the following day. The bond hearing judge tells you that it may be weeks before you are taken to the state where the warrant originated.
If this has happened to you, a friend or loved one, contact a Miami criminal lawyer at DMT who specializes in extradition matters. The aforementioned events have happened to dozens of clients at DMT. Our clients have had open warrants for serious crimes; such as cocaine and marijuana trafficking, as well as sexual battery or rape. Other clients have been arrested for less serious cases, such as domestic violence, child support delinquency, simple drug offenses, drunk driving, driving with a suspended license and theft. Our criminal extradition lawyers are among the best in the South Florida area.
Extraditions From Florida to Another State
A person can be arrested anywhere in the State of Florida for a crime he/she allegedly committed in another state. Chapter 941 of the Florida Statutes provides that it is the duty of the Governor of Florida to have arrested and delivered to the authorities of any other state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in Florida. A person arrested in this situation is considered a fugitive and is subject to extradition to the demanding state under a fugitive warrant. Any one arrested in such a situation is in need of a highly qualified criminal attorney. At DMT, we protect and defend individuals arrested or sought by the police on a fugitives warrant.
Did you know that a person arrested in Miami, Florida or anywhere in the State of Florida on a fugitive warrant is held in jail without the ability to post a bond? Did you know that a person could be held in jail without bail for several weeks on an extradition matter? Let our Miami extradition lawyer help you. Each criminal defense lawyer at DMT has vast experience in handling criminal extraditions from the State of Florida to other jurisdictions in the United States.
Did you know that no person arrested on a fugitive or extradition warrant in the State of Florida can be returned to the state demanding him/her, unless the person has:
- been taken before a judge in Florida
- been informed of the demand made for his or her surrender
- been informed of the crime with which he/she is charged
- been given the opportunity to see a criminal extradition attorney
- been given an opportunity for his/her extradition attorney to test the legality of the arrest
- been given an opportunity to show that he/she is not the person named in the warrant
- been given an opportunity to show that he/she is not a fugitive from justice
The criminal defense team at DMT understand and practice extradition law everyday. We have experience from handling countless criminal extradition cases from the Miami and South Florida area to numerous jurisdictions around the United States. DMT has been successful in getting those arrested out of jail on bond in a couple of days, rather than weeks. DMT has been successful in settling the case in the demanding jurisdiction, so that arrested person can be released from jail and have no obligation to the demanding state. Let our criminal defense team put our knowledge, experience and reputation to work for you.
Miami Federal Criminal Extradition Lawyer
In the majority of cases, Federal court extradition deals with extradition from a foreign country. This is a formal process by which an individual is delivered from a country where he or she is located to the requesting country to face prosecution or serve a prison sentence. The parties to an international extradition are the demanding country, the country where the defendant is currently located and the defendant who is the subject of the proceeding. A federal criminal extradition lawyer at DMT has represented numerous clients who were sought to be extradited by the United States.
Typically under federal law, an extradition from another country may be granted only when there is a treaty between the two countries that includes or allows the extradition of a person. In some instances, foreign countries may grant extradition without a treaty. Furthermore, federal law allows for extradition attempts by the United States when a person has committed a crime of violence against a national of the United States in a foreign country.
The legal principle recognized by the United States in international extradition matters is referred to as the Rule of Specialty. Under this legal theory, a person may not be prosecuted for a crime in the country that has requested extradition, unless the delivering country has been granted extradition for the particular offense. In other words, a person can only be brought within the jurisdiction of the court for prosecution under an extradition treaty, if the treaty allows for extradition and prosecution of a particular crime. Consequently, the crimes for which a person may be prosecuted depend on the extradition agreement and the extradition treaty between the United States and the surrendering nation.
Another significant fact about international extraditions is that most countries deny extradition requests, if the subject of the extradition is sought for a political crime. Additionally, countries such as Mexico, Canada and most European nations will not allow extradition, if the death penalty may be imposed on the suspect.
If you or someone you know is facing extradition to the United States from Columbia, Mexico, Peru, Jamaica, Bolivia, Costa Rica, Venezuela or anywhere else in the world, call the Miami federal extradition lawyers at DMT.
To speak with a skilled extradition lawyer at DMT, or if you have questions regarding Extraditions that need to be answered, please contact DMT to schedule your free consultation. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail. We are available every day of the year, 24 hours a day.
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