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Extradition Proceedings (continued)

The State of Florida Uniform Extradition Act

In the federal system, a defendant who is a fugitive may be removed to another district for prosecution or enter a plea in the district in which he is found under certain circumstances. These proceedings are governed by Rule 5 20 and 40 of the federal rules of criminal procedure. Generally in order to remove a defendant to another district the Government must produce a certified copy of the charging indictment and a witness who can testify about the probable cause found by the grand jury; removal proceedings are held before federal magistrate judges. Skilled defense counsel should try to obtain bail pending removal by speaking to the Assistant United State Attorney in the charging district in return for waivers of removal; under Rule 20 if a defendant does not wish to go to trial in the district where the indictment was returned he may elect if both United States Attorneys in the originating district and district where the defendant was arrested agree, to dispose of his case in the district where he was arrested.

International Extraditions fall within the relationship between the United States and foreign jurisdictions. and frequently are governed by treaties between the United States and other countries. Extraditions can also be governed by Multilateral Regional Arrangements; Skilled counsel must understand the relationship between the executive judicial and legislative branches of our government to understand the law in this area. Also important is an understanding of what offenses are extraditable here. Defenses to extradition include the nature of the offense i.e. purely political offenses as well as time limitations for extradition; also grounds related to the death penalty may come into play before a foreign jurisdiction agrees to return an individual to the jurisdiction of the United States. Habeas Corpus and possible bond is available before the United States Magistrate Court where the extradition hearing is held and ultimately the District Court.; the law in this area is complex and requires a skilled practitioner to navigate its intricacies.

Criminal Law in Florida and the Criminal Law Processes
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