Can state change mind about extraditing ?

Question

My friend is being held awaiting extradition to Florida.. He was on supervised probation but moved up north a year ago which violated his probation. (fugitive of justice)The holding state said they would detain him for ten days. On the Florida offender web site my friends status as of July 11th 2008 says Released - No longer under Florida Department of Corrections confinement, supervision or any other court imposed sanction. Does this mean that Florida has terminated his probation and has decided not to come and get him ? I am thinking maybe they looked into all case details - realized he was railroaded into plea bargaining to an insane amount of time in prison plus probation and decided to cut their losses since he has been away from their state for a year now..He has not been in any trouble and he was not charged with anything in the holding state. If Florida decides not to extradite will they let the holding state know or will he have to wait out the ten days ?

Answer 1

that is an issue for the prosecutor's office and corrections to deal with..

Answer 2

Richard above me is absolutely correct, but I believe he left out one important item in this equation now.

The fugitive from justice is a new charge. This is unrelated to the probation that may or may not be under release. (By the way, I dont know of anyone who would have their probation released in this fashion, but anything is possible today).

As far as the extradition, it is up the authorizing agency (Florida) as to whether they want  to pay the extradition fees to bring him back.

If they choose not to, a warrent will be in effect for the new charge of fugitive from justice. Each and every time your friend is stopped, that is going to show up in the computer and this process is going to be repeated.

Best of luck and I hope this is useful to you

Answer 3

It's actually up to the dept of corrections and DA's office as to whether or not to extradite someone. All jurisdictions have different standards as to what they consider an extraditable offense. If he already served his time and was on probation they would have violated his probation. Perhaps they just don't have the budget to extradite him back to Florida. I doubt very much they would just terminate his probation. Most likely they revoked it and there is a Florida warrant our for his arrest.

They will probably wont come for him but just wait until he has contact with Florida law enforcement.

The holding state typically is the first to call and check the status of fugitives. They don't want to pay boarding cost for someone that is not even a resident of their state.