Arrests and Extraditions

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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.