Thursday, November 20, 2014

Extradition / Writ of Bodily Attachment / Failure to Appear in Court / Child Support Arrearages / Consent vs. Contest Extradition / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Does my fiance have to be extradited?  He was arrested for writ of bodily attachment he sent a certifies letter stating that he could not show up for court because he did not live in the city and didnt have funds to travel from fwb to orl fl...he called and he has been making payments but he is 4000 behind they issued a warrant and he is now in okaloosa c.I.

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Michael Adam Haber


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Answered If he is in custody on an extradition warrant then yes, he has to wait to be extradited (unless he contests extradition, in which case he will sit and wait for a hearing, which will take months, and then, 99.9% he will be extradited).

His explanations are just that, explanations - for the underlying behavior - and they will not effect his current status or condition as he faces extradition.  The only question before the Judge who has immediate control of him now is whether his extradition will be quick and painless or long and drawn out.  Once he is in fact extradited then he will be able to offer explanations to the Judge who issued the Writ of Bodily Attachment.

Please do not interpret this to mean that he may or may not enjoy viable defenses to the underlying charges, affirmative or otherwise, or that there may not be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in his unique case, but these are matters for the court which is seeking his presence, not for the one that currently has his body.

My advise: Locate a skilled and experienced criminal defense lawyer in the jurisdiction which is seeking his return, tender whatever evidence, documents or witnesses that your fiance may have and hope that the attorney you have hired has juice enough to either expedite or eliminate altogether the extradition process (noting that it is not beyond the realm of possibility that a bond can be reached or a purge amount established whereby he can walk out of jail and then voluntarily appear on his own power).

I hope that I have been helpful in answering your question.
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For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

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