EXTRADITION Recent Court Wins

Recent Court Wins

EXTRADITION

State v. N; Judge: Ronald Ficarrota; Date: January 3, 2008

FACTS:  Our client was being held in Federal Prison awaiting extradition to Tampa, Florida.  The case was initially prosecuted in March of 1999.  Our client was arrested, and failed to appear at his arraignment.  When he was convicted out-of-state the old warrant from Tampa held up his sentencing in Federal Court.  We initially filed a motion to dismiss the warrant, and the charges based on Statute of Limitation grounds.  

DEFENSE:  Further investigation into the case revealed that the State would not be able to effectively prosecute. 

RESULT:  The Client was never extradited to Tampa, and his charges were dismissed. 

State v. G.; Judge: Walter Heinrich; Date: December 13, 2007

FACTS: The Defendant (client) became very intoxicated at a party in San Antonio, Texas and struck another man in the head with a full beer bottle. The injury was severe, and required a number of stitches. Shortly after he struck the victim, the client left Texas, and returned to Tampa, Florida. The Texas authorities investigated the case, and filed a charge of aggravated assault with a deadly weapon (bottle). Shortly after the charge was filed, a fugitive warrant was issued from the State of Texas. The Texas charge had a bond of $75,000.00.

The client was eating dinner at a local Tampa restaurant when he was approached by law enforcement. After confirming his identity, the police arrested the defendant on the Texas warrant, and transported him to the county jail in Tampa to await extradition.

RESULT:  We contacted a lawyer in Texas for the client. He arranged for a reduction of the bond to $20,000.00. We also contacted the prosector in Texas to arrange our client's release in Tampa. Negotiations with the Texas prosecutor led to the release of our client in Tampa. If the proper arrangements are made it is possible to avoid a very long extradition process! Our client manages a very successful business, and his release allowed him to fly to Texas and make bond, without having to be transported by bus.   Extradition and the transportation process can sometimes take weeks.

State v. C; Judge: William Fuente; Date: August 6, 2007

FACTS: The client (defendant) was put on felony probation for Obtaining a Controlled Substance by Fraud. The Court withheld adjudication (no conviction), and put him on 18 months drug offender probation. The Court agreed to transfer the defendant's probation because he lived in Memphis, tennessee.

FIRST VIOLATION OF PROBATION:

The probation officer in Hillsborough County eventually became aware that the defendant had been arrested for a drug charge in tennessee. The charge was similar to the one he was put on probation for in Tampa. A warrant for the defendant's arrest was issued and the defendant was arrested in tennessee.

When you are arrested on an out-of-state warrant it can sometimes take weeks before you are transported to the jurisdiction that put on probation; in this case, Hillsborough County. The client was able to make bond in tennessee, and we filed a motion to surrender the client in Tampa. Shortly after he was released in tennessee the defendant appeared in Court, in Tampa, to surrender himself.

RESULT: It was evident from the probation report that the client had been making efforts to successfully complete his supervision. After negotiations with the prosecution we were able to continue the defendant on probation. This allowed the client to return to tennessee without serving any jail time.

SECOND VIOLATION OF PROBATION:

FACTS: The client was arrested a second time for committing another drug related offense. He was taken into custody in tennessee to await extradition. We contacted counsel in Memphis who arranged for the client to attend a drug treatment program in tennessee. While the defendant awaited extradition in tennessee we had discussions with the prosecution about the intensity of the treatment program, and his attendance.

RESULT: The prosecution agreed to dismiss the violation, and the client was never transported from tennessee, or adjudicated for the violation of probation.

State v. Y; Date: August 3, 2007

FACTS: The client was pulled over in Pasco County, Florida for speeding. During the stop of his vehicle the officer determined that there was a active out-of-state warrant for the client's arrest in Ohio. Unfortunately, the officer in that situation had to arrest our client, and transport him to the Pasco County Jail to await extradition to Ohio. The defendant had a very good job working with the government, and his incarceration in the Pasco County Jail was having a dramatic impact on his employment. Our office is typically retained to resolve warrants that emanate from Florida. However, many times it can be helpful to retain a lawyer in the jurisdiction that actually executed the out-of-state warrant.

Initially, the client retained our office and attempted to retain an attorney in Ohio. For some bizzare reason the attorney in Ohio refused to represent the defendant until he was actually transported to Ohio. This was extremely frustrating for the client and the client's family because it made it very difficult to resolve the criminal charge in Ohio without an Ohio criminal attorney to address the Prosecutor. Ultimately, we contacted the Ohio prosecutor and had discussions about the merits of the charge and their desire to prosecute this sex charge from 1990.

RESULT: The Ohio prosecutor dismissed the warrant and the defendant was released.

CASE #90-2162-CFAWS; Judge Stanley Mills (Pasco County); Date: April 6, 2006

FACTS: The defendant was charged with numerous theft charges that triggered a warrant when she left the jurisdiction while on probation. 

DEFENSE:  The defendant was able to come forward and satisfy all the restitution to the victim.

RESULT:  The defendant’s warrant was withdrawn and her probation was terminated.  She never had to turn herself in on the warrant.

CASE #05-CF-24910 (MARYLAND CASE); ARRESTED IN TAMPA: 12/22/05

FACTS:  The defendant was arrested in Tampa on a Maryland warrant on December 22, 2005.   We worked with Defense Counsel in Maryland to speed up the extradition process.

RESULT:  The defendant was transported to Maryland shortly after retaining our office.

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