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Can I be extradited from Canada to Florida for probation violation on a dui conviction?

Saint Petersburg, FL |
Filed under: DUI defense

I was placed on probation for my first and only dui in November 2004. My warrant for probation violation was issued February 23, 2005. I moved and did not notify probation dept. Is this something that I can be extradited for?
Can this be straightened out without returning to Florida? This is my only criminal charge.
Help is much appreciated.

Attorney Answers 4


I am confused. Your question is from FL so why are you concerned with having to return. To answer what I thought was your question until I saw the by-line, although Canada is very hard on foreigners wanting in with a dui conviction, this violation is technical and does not go to the heart of the question of your drinking and driving. I would not think Canada would extradite you for this but you should consult a Canadian lawyer. And while you are in FL why not just clear it up now???

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If you are a Canadian citizen, I think the chances are about zero. If you are a US citizen in Canada, the chances are also very slim because I doubt Florida would want to foot the bill for an extradition but the Canadians might deport you.

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Florida does not seek extradition for misdemeanor offenses; nor do I suspect Canada would extradite you for such.

With that said, yes it is possible to resolve misdemeanor VOP cases without returning to Florida if the judge assigned to the case allows it. You would need to retain a St. Pete lawyer to do so. I recommend calling attorney James May at 727-388-9620. He is a well regarded attorney in that area.

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If you were in the U.S., you could be extradited but since you are in Canada you won't have to worry about that. The problem is with the warrant out there if you travel to the U.S., you will be detained due to the warrant and possibly extradited from your point of entry. It is possible to resolve this from there however. I practice in St. Petersburg so feel free to call me at 727-528-1859.

Craig Epifanio

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