Arrests and Extraditions

The law requires that every suspected criminal receives due process: fair treatment as they progress through the judicial system. The right to due process becomes relevant the moment you are placed under arrest but remain aware that although you are innocent until proven guilty, the fact that law enforcement arrested you means that they believe you may be guilty. To get a conviction, they must acquire evidence that support their suspicions.

All too often do police officers have ill intentions when pursuing suspects. In many cases, this leads to the violation of individuals’ constitutional rights during the arrest process. An Orlando arrests and extraditions lawyer with The Umansky Law Firm can help ensure that your rights are upheld and take appropriate legal action when they’re violated.

Criminal Arrests and Your Rights

Being placed under arrest means that you are in police custody, thus disallowing you from leaving the scene. Law enforcement can also restrict your ability to vacate the area by detaining you. They will only do so if they suspect you of being involved in a crime and will use this short period to question you. Store owners and shopkeepers can also detain individuals suspected of stealing. When either or arrested or detained, however, they cannot require you to answer any questions other than providing your name, address, and identification upon request.

Once placed in the custody of the respective police department, the arresting officer must recite your Miranda rights if they intend to question you:

  • You have the right to remain silent
  • Anything you say can and will be used against you in a court of law
  • You have the right to an attorney
  • If you cannot afford an attorney, one will be provided for you
  • Do you understand the rights I have just read to you?
  • With these rights in mind, do you wish to speak to me?

These rights are backed by the U.S. Constitution and without them being stated, your lawyer can request for anything you said to officers to be marked as inadmissible evidence. However, if you volunteer information without being questioned, the judge will not accept such pleas.

Extraditions in Florida Criminal Cases

Those arrested in a state other than where the charge originated face a unique legal process. Extradition is a type of arrest warrant that requests for a fugitive who was arrested in one state to be surrendered to another state for trial. In this formal process, the arrest state is the asylum state, and the trial state is the demanding state. Your criminal defense attorney has limited responses to an executed fugitive warrant, but can apply the one most favorable to you:

  • Consent to Extradition (Written Waiver of Extradition Proceedings): Not challenging the decision to extradite the fugitive.
  • Request an Extradition Hearing: Serves as probable cause hearing rather than a trial on merits. The fugitive’s ability to present a defense is limited, but the proceedings may expose errors made by the demanding state.
  • Request an Extradition Bond: Allow the fugitive to post bail on the condition that he or she will appear at upcoming court hearings upon request.

When placed under arrest or facing extradition, proceeding without the legal assistance of a poised criminal defense lawyer may be severely detrimental. The Orlando criminal defense lawyers at The Umansky Law Firm are aware of the legal intricacies relevant to detaining and trying a suspected criminal and can ensure that you receive unmatched legal services. Contact us today at 407-228-3838 for a free case evaluation.

Recent Criminal
Case Results

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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Recent Personal
Injury Settlements

$125,000

Scooter Accident

$275,000

Car Accident

$100,000

Car Accident

$300,000

Government Liability Case

$100,000

Back Injury

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