How Long Can Florida Hold

[BillyBoy53]

What is the name of your state? Florida/Ohio

How long can a person be held in jail in the State of Florida for a bench warrant from the State of Ohio. The bench warrant in OH is for probation violation on a first degree misdemeanor. At first we were told 72 hours; then 15 business days, and the latest we heard is 30 business days. The person is being held in Florida waiting to see if OH is going to extradite. Could someone please give us a concrete answer? What is the name of your state?

 

[FlyingRon]

I'm not sure there's any time limit.
He's likely to be held until:

1. Ohio comes and get him.
2. Ohio tells Florida they don't want him anymore
3. Someone files a writ on his behalf that he's being held improperly.

 

[CavemanLawyer]

Extradition involves a mixture of laws between the two states but under the Interstate Extradition Act, the taking and holding of custody is governed by the laws of the holding state. Under Title XLVII 941.15 of the Florida Code of CRIMINAL PROCEDURE AND CORRECTIONS it states that:

941.15 Commitment to await requisition; bail.--If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under s. 941.06, that the person has fled from justice, the judge must, by a warrant reciting the accusation, commit the person to the county jail for such a time not exceeding 30 days and specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in s. 941.16, or until the accused shall be legally discharged.

So your answer is 30 days. But after that the judge would just grant bail. If the person bonds out they are given a court date and must continue to appear until extradited. If they can't bond out they can be held indefinitely until they file a writ of habeas corpus, which the requesting state must respond to.

There's also nothing preventing the holding state (ex: Florida) from just transporting this person to Ohio and demanding travel expenses, but of course this cannot occur until the person either waives extradition or its proven up.