Legal Question in Criminal Law in Florida

Extradition Between States

RE: State of Florida specifically but also of general interest as applies across the country: Under what circumstances will extraditions be done between states for non violent misdemeanors? Is it even legal to extradite on misdemeanors?


Asked on 1/09/00, 8:46 pm

1 Answer from Attorneys

Steven Casanova Steven G. Casanova, P.A.

Re: Extradition Between States

VERY complex issue. There are several legal principles that govern the correct answer for this question. Some of the theories are; Res Judicata, double jeopardy, habeas, and the statute of limitations. In a nut shell it all depends on how the charges are filed and followed up on. The answer for misdemeanors is it depends on a prior record, and what the exact crime is, but typically there is no extradiction for a misdemeanor in Florida. See Stack v. State 333 So. 2d 509 (4th DCA 1976). Good Luck....

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Answered on 1/17/00, 6:11 pm


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