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How long will FL hold someone who is facing extradition? Selected as Best Answer on AVVO.com ~ 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… Scroll down to read more!

February 22, 2015 / Michael A. Haber /
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!
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

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2 lawyers agreed with this answer

Craig A. Epifanio
Craig A. Epifanio
Criminal Defense Attorney – Saint Petersburg, FL
Steven George Casanova
Steven George Casanova
Criminal Defense Attorney – Melbourne, FL

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Best Answer
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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.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 
When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.

At Michael A. Haber, P.A. “Its all about reasonable doubt”!
Michael A. Haber, Esq. is prepared to speak with you about your case!






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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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