Cape Coral, FL asked in Criminal Law for Florida

Q: My son is in a MI jail waiting to be extradited to FL on probation violation. How many days can he be held?

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2 Lawyer Answers
Jeffrey H. Garland
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Answered

A: That depends on whether he has local charges, whether the judge set an extradition bond, whether he has waived extradition, and whether Fla wants to come get him. If he doesn't have MI charges, and he can't bond out, then he could consider waiving extradition if he wants to hurry up the process. If he actively opposes extradition, then he can be held for 30 days which can be extended by 60 days. Local practice is important in these cases. You may want to speak with an attorney in the jurisdiction where your son is being held. By the way he can't be extradited on a misdemeanor.

A: I would estimate within a few weeks as soon as the states coordinate travel

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