(122) Can I Fight Extradition? - Michael A. Haber, Esq. Miami Criminal Defense DUI BUI Lawyer
Channel: Michael Haber
Date: 2016-12-06

Can I Fight Extradition?

The short answer is yes, but in the end your challenge may simply extend your stay in whatever jail that you are being detained in.
When you are being held on a fugitive warrant and extradition is being sought then you have 2 choices: You can either “contest” or “consent” to extradition.

If you “consent” (or agree to) extradition then you will be detained until the requesting entity picks you up.  There is no set-in-stone time frame for this to occur, but in my experience the over-under varies from 10-30 days, and if the time ticks and they don’t pick you up then you will be released.  (Note that this will not quash the warrant or the charges in the requesting jurisdiction, it will merely end your courtesy hold.)

If you “contest” (or refuse to agree to) extradition then what you are doing is challenging the extradition process.  This will require the courtesy hold authorities to verify the legitimacy of the request through the executive offices of both jurisdictions, and this will take time. Instead of days or weeks you could easily be looking at months.

Contesting extradition does not challenge the underlying charge in the fugitive warrant, it only challenges the warrant’s issuance process. The reason for this is because the jurisdiction that is courtesy holding you has no legal authority to quash charges from another jurisdiction. They merely bet to choose whether to honor the extradition request or not, and if all of the paperwork is in order then extradition is likely.

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone:  305-381-8686
Toll Free Phone:  1-888-SHARK-8-1
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http://www.criminallaw.miami 
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Blog:  http://habercriminallaw.blogspot.com/

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