Expert: Robin Sexton - 9/24/2009

Question
My husband was arrested last night in Texas for an instate Florida felony warrant dated 1993.  The warrant is for violation of probation for 2 theft by check charges.  He was at his scheduled probation appointment when he was arrested.  The paperwork he saw said "Instate only - do not arrest on this charge" or something to that effect.

Texas has contacted Florida and Florida says they're going to come get him.  My husband seems to think that Florida has 10 days to pick him up but I've heard 30-90 days.  He says that he waived extradition once or twice back in 1996 and 1998 and Florida never came to pick him up.  What determines whether or not Florida will actually come and pick him up?  And why would he have been arrested for this now instead of back in 2005 when he was picked up for a probation violation in Texas?  I know this needs to be taken care of even if Florida doesn't come to pick him up to prevent him from being arrested time and time again for this Florida warrant.  But what should I expect if (when) Florida DOES come to get him this time?

Answer
Jamie,

Sorry about the problems your husband is having.  Florida can change their extradition status at anytime.  The time Florida has to pick him up can range over a period time.  The determining factor is how long Texas is willing to hold him.  That is set by either Texas court order or the financial issues of the holding county.  The only time frame that is set in statute is Florida has 180 days to take him to trial IF they serve the warrant.  Your husband may have an argument that could be used in Florida that he had been arrested in 2005 and Florida failed to exercise their extradition option.  That argument would have to be argued in Florida or in Federal court.
If Florida does extradite he will be taken to Florida for trial.  Unlikely they will release on a low bond.
Hope thus helps and good luck

robin