Extradition Laws

[calin]

My brother is currently being held in a Florida Jail due to an extradition order on a warrant from Pennsylvania. The crime they are saying he committed is aggravated assault and it occured over 3 years ago(I know this because my brother was in jail for three years, release September '09). Two months before being released two State Troopers from Pennsylvania came to see him and interrogated him without telling him for what. He was released regardless and was given 5 years probation. He moved to my Dad's in Florida and upon reporting to probation last week there was a warrant from PA with an extradition order. He's been in jail for a week he has had two hearings, none of which PA has show up for. At this point he has decided to comply with the extradition order and stay in jail for 10 days awaiting PA's arrival. If they don't come, he will be released.

My question is can they do this again? Hypothetically, he gets released and reports to probation next month, will there be another extradition order waiting for him? Is there some kind of time period in which they have to follow in order to file another extradition order? It just seems to me they are having a hard time proving their case because if they really wanted him why didn't they come and get him? At the same time they must have had a enough evidence to convince the governor and/or their superior to issue the extradition order in the first place. If you can help I would really appreciate it because I am having a hard time researching this whole thing. Furthermore he isn't even eligible for a lawyer because he hasn't committed a crime in the state of Florida and hasn't been formally charged by PA. Tahnks for your help in advance.

ANSWER: The way I understand what you wrote is that;

1.  your brother was in prison for three years for an unrelated crime

2.  he was accused of committing aggravated assault in Pennsylvania before he went to prison.

3.  not clear on this but it looks like you said that he finished his sentence and was released with five years probation.

4.  Pennsylvania obtained a warrant for him(presumably for the assault charge) and he was arrested.

5.  The Pennsylvania authorities did not show up at his extradition hearing(s) so your brother is out of jail.  Am I right so far?

---------- FOLLOW-UP ----------

You are right except for that he was not accused before he went to prison. The crime was allegedly committed before he went to prison but he was not contacted about it at all until 2 months before he was released from jail. Also he is still being held until a week from today for Pennsylvania to come and get him. After which, if they don't come, he will be released.

[Rosston]

Ok.  It could have taken the PA police that long to develop your brother as a suspect or find out where he was.  It must have been a serious crime such as a shooting or stabbing for them to go all the way to Florida to interview him.

I am sure that they have a warrant for him.  So its not a matter of proving their case.  Its probably more a situation of them not knowing when the court date(s) were or not having the manpower to send to the hearing.  Happens all the time.

If the Pennsylvania police or some representative from the state does not show up this time then your brother remains a free man but that does not mean that there is no warrant for him because there probably is.  The fastest way to get to the heart of the matter is to call one of the two officers who came to Florida in the first place.  If that is not your choice then I'd bet that someday he will have an encounter with a police officer for a traffic violation and his name will pop up as being wanted from PA.