How long can someone be held in jail awaiting extradition in Florida?
Asked by: Dangelo Gaylord | Last update: November 19, 2025Score: 4.4/5 (57 votes)
Florida law allows holding a fugitive for up to 30 days pending extradition requests, with possible extensions by a judge if necessary.
How long can they hold you in jail in Florida?
Under Florida Rule of Criminal Procedure 3.134, state prosecutors generally have up to 30 days to file charges against someone following their arrest. If the defendant remains uncharged, the court must release them on their own recognizance by the 33rd day following their initial arrest.
What is a waiver of extradition in Florida?
A waiver of extradition means the defendant is relinquishing their right to an extradition hearing. Waivers to international extraditions occur when the defendant asks to be returned to the requesting jurisdiction without an extradition hearing.
When can extradition be denied?
Extradition may be denied if the requested country believes that the individual will face unfair treatment, torture, or the death penalty in the requesting jurisdiction. Many countries have laws or treaties prohibiting extradition under these circumstances to protect human rights.
How long does Florida take to extradite?
The Extradition Process in Florida
The extradition procedure involves returning a person to Florida following a legal demand from the state, typically taking around 30 days with a possible extension of up to 60 days.
How Long Can Someone Be Held In Jail Awaiting Extradition? - CountyOffice.org
How long can jail hold you?
Most states allow prosecutors up to 72 hours after an arrest to file charges, although some states, like California, allow only 48 hours. If the prosecutor fails to bring charges within this time limit, the court has to release you. Failure to do that is a violation of your rights.
What is the rule on extradition?
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
How much jail time for fugitives from justice?
An offender is subject to imprisonment for not more than one year, unless the warrant or process was issued on a felony charge, or after conviction of the fugitive of any offense, in which case the offender faces a maximum term of imprisonment of five years. In addition, the fine provisions of 18 U.S.C.
What stops extradition?
There are only four grounds upon which the governor of the asylum state may deny another state's request for extradition: the extradition documents facially are not in order; the person has not been charged with a crime in the demanding state; the person is not the person named in the extradition documents; or.
What crimes are not extraditable?
The political offense exception to extradition generally prevents a person from being extradited to face prosecution for crimes committed in furtherance of a political uprising, movement, or rebellion in the country in which such occurrences took place[xii].
Where does Florida not extradite?
Florida follows the Uniform Criminal Extradition Act (UCEA) and is not a non-extradition state. All the states in the United States will extradite a fugitive from one state to another under the right circumstances.
What is an exception to extradition?
Most countries do not allow for extradition for political crimes, which is known as a political-offense exception. The political-offense exception is a clause that limits a sovereign state's responsibilities under an extradition treaty or legislation .
What is the 33 day rule in Florida?
Rule 3.134 of the Florida Rules of Criminal Procedure provides that if you are in jail, the prosecutor has 33 days from the date you are arrested to file formal charges against you.
How long can you be held in jail before seeing a judge in Florida?
One of the first things people who have been arrested want to know is how long they can be held in jail without seeing a judge. Florida law provides that arrestees must have their first appearance, also referred to as an “advisory,” with a judge within 24 hours following their booking.
How long can someone stay in jail awaiting trial?
If you've been arrested for a felony offense, the court has 90 days to prepare and begin your trial. For Class A misdemeanors, they must start your trial within 30 days of your arrest. Class B misdemeanors give the court 15 days to initiate your trial, and class C misdemeanors only allow the court 5 days to prepare.
How long can you go to jail for hiding a fugitive?
Fleeing arrest for a felony: Up to 5 years in prison or a fine for harboring the fugitive. Fleeing prosecution for a non-felony: up to 1 year in prison or a fine for harboring a fugitive. Escaped prisoner: Up to 3 years in prison for harboring the escaped prisoner.
How serious is a fugitive charge?
Being labeled a fugitive from justice carries significant legal implications and can severely impact an individual's life. This status is not only a marker of criminal activity but also a trigger for a series of legal actions, including arrest warrant and possible extradition.
How long is an extradition hold?
If the judge finds the evidence of guilt to be sufficient, the court orders the individual's extradition. The process might take weeks or months, or even longer. An individual can be held in jail for about 30 days. However, the 30-day timeframe is subject to change based on circumstances.
Will Florida extradite for a felony?
The short answer is: “Yes.” Florida does extradite a fugitive to and from other states on a felony warrant. The procedure is supposed to take about 30 days, but the court can grant an additional 60-day extension during an extradition hearing.
What state does not allow extradition?
Answer and Explanation: The states of Florida, Hawaii, and Alaska do not extradite for all crimes. However, even these states (along with the others) will extradite for serious crimes, such as murder.
What is the longest you can be detained?
An investigative detention may last anywhere from a few seconds to more than an hour, though there is no absolute time limit for a detention. However, it “must be temporary and last no longer than is necessary to effectuate the purpose of the stop…” United States v.
How long can jail hold you after a bond is posted in Florida?
Best-case scenario: Release within 30 minutes to 2 hours after posting bail during regular business hours. More typical scenario: Release within 4-8 hours, especially during off-peak hours or weekends. Worst-case scenario: Release could be delayed for 24 hours or more in complex cases or due to logistical hurdles.
How long can you stay in county jail in Florida?
In Florida, jails are typically under the authority of the county or the Sheriff of said county, and they are used to hold those awaiting trial, sentencing, or serving a sentence of 364 days or fewer.