Legal Question in Criminal Law in Florida

detainers and extradition

My friend is in prison in North Carolina, his sentence is nearly over and he has received a detainer notice from NC regarding a 9 year old vop warrant in Florida. Is there any way to proactively deal with this? Is there any forms or letters that can be filed to get the ball rolling with this? Also, is there any way to deal with this from North Carolina and avoid extradition? And is there a time limit once he has served his sentence in NC that FL has to come get him and what happens if they do not come get him?


Asked on 2/05/08, 7:31 pm

2 Answers from Attorneys
Robert Roemer Robert Roemer

Re: detainers and extradition

Your question involves a fairly comprehensive discussion of the situation and how pro active you want to be in resolving the vop criminal problem in Florida.

If you are interested in discussing this matter further, in greater detail, send me an e-mail with a phone number I can reach you at to schedule a telephone conference.

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Answered on 2/06/08, 10:23 am
Brent Rose The Orsini & Rose Law Firm

Re: detainers and extradition

When his North Carolina sentence is up, North Carolina will notify Florida that he is ready for extradition. Florida will then decide whether to extradite or release the extradition warrant. North Carolina will not hold him indefinitely pending Florida's extradition. Generally speaking, North Carolina cannot wait any longer than 60 days for Florida's response before they must release him.

It's theoretically possible that his VOP in Florida could be handled while he is incarcerated in North Carolina, but it would be under some pretty rare circumstances. You should contact a criminal lawyer to see if he meets those circumstances.

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Answered on 2/05/08, 10:33 pm


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