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Extradition

Florida’s State Criminal Extradition Attorneys -- Extradition Under Florida State Law

We handle extradition cases from Miami and the South Florida area to other court jurisdictions within the United States.

Extradition laws are strict.

Imagine yourself returning to the United States from a cruise or flight overseas. While being processed by U.S. Customs, the next thing you know, you are arrested and taken to the Miami-Dade County Jail on an arrest warrant.

These surprise extradition arrests have happened to numerous clients represented by DMT. Donet, McMillan & Trontz has extensive experience representing individuals arrested under state extradition law in Miami-Dade County (e.g., the Port of Miami or Miami International Airport) and elsewhere in the South Florida area.

Extradition has been sought for a variety of reasons: clients have been wanted on charges of domestic violence, child support, sexual battery, drug offenses, drunk driving and theft. Many more of these extradition matters have centered on allegations of white collar crime.

Our Miami criminal extradition defense lawyers are among the best extradition attorneys in the South Florida area. DMT extradition attorneys are experienced at dealing with both state and federal extradition law. They are likewise adept at defending clients against the underlying criminal charges.

Extradition of Florida Defendants to another state

A person can be arrested in Miami -- or 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 extradite -- to have arrested and delivered up 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 subject to extradition to the demanding state under a fugitive warrant. Any one arrested in these circumstances is in need of a highly qualified Miami criminal lawyer. At Donet, McMillan & Trontz, P.A., we protect and defend individuals arrested or sought by the police on fugitive warrants. DMT criminal lawyers fight extraditions under Florida law.

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 criminal lawyers help you fight extradition. Each Miami criminal defense lawyer at Donet, McMillan & Trontz has experience challenging criminal extraditions from the State of Florida to another jurisdiction in the United States.

Did you know that no person arrested upon 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; AND
  • been given an opportunity to show that he/she is not a fugitive from justice?

We know Florida extradition law. 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 the arrested person out of jail on a bond. We have been successful in settling the case in the demanding jurisdiction so that arrested person can be released from jail with no obligation to the demanding state and no fear of any future extradition threat.

Let our South Florida criminal defense lawyers put our knowledge, experience and reputation in extradition law to work for you.

Florida’s Federal Criminal Extradition Lawyers -- Extradition Under Federal Law

Federal extradition law deals with international extradition. This is essentially the 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 county where the defendant is currently located, and the defendant who is the subject of the proceeding.

In Miami, federal court extradition usually involves the United States requesting that an individual found in such countries as Columbia, Mexico, Peru, Jamaica, Bolivia, Costa Rica, or Venezuela, be returned to Florida to face our court system -- or vice versa.

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. There are some instances and countries that 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.

Extradition and the “Rule of Specialty”

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 that country has been granted extradition for the particular offense.

In other words, a person that has been brought within the jurisdiction of the court as a result of prosecution under an extradition treaty can only be tried for one of the offenses listed in that treaty, and for the offense with which he is charged in the proceedings for his extradition. 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.

Extradition Barriers: Political Crimes and the Death Penalty

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 South Florida’s Donet, McMillan & Trontz criminal lawyers who are well-versed in defending against international extradition. Se habla espanol.