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Can Someone Be Arrested And Taken Back To Florida For Violation Of Probation If They Moved To North Carolina?

Raleigh, NC |
Filed under: Criminal defense

If someone has an Active Warrant for violation of probation in Florida and Now Lives In North Carolina. Can NC police pick them up and send them back to Florida???

Attorney Answers 4

  1. Yes, you can be sent back. However, Florida will have to want you back. This assumes you have an outstanding felony probation violation. If it is only a misdemeanor, then NC is not going to bother, and FL probably will not care.

  2. Yes. Happens constantly.

  3. Florida would have to extradite him back, however NC could certainly make the arrest.

  4. Just to add to the good information the attorneys above have given you, I believe extradition to Florida is governed by the Interstate Compact, and that Florida has 30 days to come get the probationer. Mark these dates on your calendar.

    I had a client a few months back in Raleigh where the PO violated him for some minor offense. Fla sentencing laws and NC sentencing laws are incompatible for probation, so the PO didn't know what else to do and decided to send him back to Fla. Only problem was that Fla didn't want him back. He spent his month in jail and made a fuss so the Sheriff had to turn him loose. Good luck.

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