Criminal Defense: Extradition Attorney in Miami
KNOWLEDGEABLE COUNSEL IN EXTRADITION CASES
The Miami extradition lawyers at Donet, McMillan & Trontz, P.A. (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.
What happens during an extradition?
Imagine yourself returning to the United States from a cruise in the Bahamas or trip to South America. While your passport is being checked, a customs official arrests you and takes you 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 and 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 or someone you know, contact a Miami criminal lawyer at DMT who is experienced in extradition matters. The events mentioned above have happened to dozens of clients at DMT. Our clients have had open warrants for all types of crimes, serious and otherwise. Our criminal extradition lawyers are among the best in the South Florida area and can protect your freedom.
Extraditions from Florida to Another State
A person can be arrested anywhere in Florida for a crime he or 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 a person arrested in Florida and delivered to the authorities of any other state if that person was charged in that state with treason, a felony, or any other crime and fled from justice before being found in Florida.
Anyone arrested in this situation is considered a fugitive and is subject to extradition to the demanding state under a fugitive warrant. Those in such a situation are 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.
Overview of Fugitive Warrants
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.
No person arrested on a fugitive or extradition warrant in the state of Florida can be returned to the state demanding him or 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 understands and practices extradition law. We have experience 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 clients who have been 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. Federal criminal extradition lawyers at DMT have 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 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 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.
Political Crimes & Federal Extradition Requests
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.
CONTACT A CRIMINAL LAWYER AT DMT TODAY
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. Speak with a skilled extradition lawyer today if you have questions regarding extraditions that need to be answered.
to schedule your free consultation. You can call our office at (305) 340-2197 or reach us by completing our free case evaluation form
. We are available every day of the year, 24 hours a day.