Silver Spring, MD asked in Criminal Law for Maryland

Q: Can my boyfriend be extradited back to Florida after being found innocent after his court date in Baltimore City?

Violation of Probation (first time)

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2 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Extradited because of or for what?

People are not found innocent. They are found not guilty

1 user found this answer helpful

Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Until the Florida warrant is recalled or quashed by the Florida court that issued it, it remains valid and he will be extradited so long as the requirements of the extradition statute is satisfied. If the charge in Maryland is the basis for the VOP warrant in Florida, then get a certified copy of the result in Maryland and provide it to the probation officer in Florida who requested the warrant, and perhaps they will ask the judge to recall or quash it. better yet, get the paperwork to a Florida lawyer in the jurisdiction where the warrant was issued, and let the lawyer file what is necessary. Sometimes, a VOP can be based on more than simply the fact your boyfriend was charged with a new offense. It can also be based on violation of any term of the probation order, which in Maryland (and likely in FL as well), includes a requirement that the defendant notify the PO and get permission before leaving the state, as well as notifying the PO of any new charges. So, despite being found not guilty of the new charge, he may still be in violation for failing to notify the PO of the new charge, or for failing to obtain permission before travelling out of FL.

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