Saturday, February 21, 2015

How long will FL hold someone who is facing extradition? Selected as Best Answer on ~ Call Michael A. Haber, Esq. @ **ARRESTED

Q:     Awaiting extradition on (8 alleged ) sex charges from Ore. 7 years ago.  How long does Oregon have to pick him legally? The Us Marshalls came and took my brother to St. Lucie County Jail on 1/13/2015 on alleged sex charges (8) that allegedly took place in 2007. The state of Ore. wants to have him extradited back to Washington Co. Ore. How long can Florida hold him before they have to release him? It has been 31 days, he claims he is innocent and refuses to sign extradition papers. Apparently the judge said, he would have to turn this matter over to the governor. would that be of Florida or Oregon?

A:    Chosen as "Best Answer" by Asker!


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Answered Did he consent to extradition? If so then then FL will hold him for a limited - albeit not an indefinite - time waiting for OR to come and pick him up. Although the over/under is usually about 30 days there is no etched in stone time frame.  Suffice it to say that FL (St. Lucie County) will only expend its resources as a courtesy to a sister State for so long before they adopt the position that if it's not important enough to OR to come get him then it's not important enough for FL to keep him in custody. HOWEVER, given the nature of the charges I'd take the "over", because regardless of OR I don't suspect that St. Lucie will be thrilled about the prospect of releasing an alleged (especially if he is beyond alleged and is in fact a convicted) sex offender on to their streets.

If he contested then it will be many months before the process is complete. In this case he is essentially saying that he not only does not agree to being extradited back to OR but that the whole case is BS, which triggers a proof process and takes time.  Note that this will NOT result in a full blown trial on the merits in FL on the OR charges; rather it triggers an evidentiary hearing in FL wherein OR must prove that they have followed the legal process in securing the Governor's Warrant for the requested extradition.

Reading your proffer the latter seems to be the case and your brother will likely be held for several months solely to prove that the various Executive Departments complied with the processes as outlined by law and treaty.  If they did things by the book (which is not a tough thing for them to do) then off he will go, in due time;  however, if they did not follow proper protocol then, again, I'd still take the "over" betting both that OR will amend any error and that FL will allow them not only time sufficient to do so but guidance as well and if necessary.

The bottom line with extradition is that it sucks. The only times in 23+ years that I've "beaten" extradition was where I was successful in negotiating with authorities in the requesting State (I have been able to secure bond on more than one occasion) or where FL simply got sick of extending a courtesy hold for a sister State which did not follow through after repeated executive requests.

I hope that I have been helpful in answering your question.
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