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I got a bench warrant in pennsylvania can i be picked up in florida for the warrant it for a failure to appear in court cuz i

Lehigh Acres, FL |
Filed under: Criminal defense

moved to florida and had no way to get to pa to go to court

Attorney Answers 3

  1. Can you be extradited from Florida to PA? Yes, you can. The real question is whether or not PA is willing to pay the cost to extradite you back to PA from Florida. The more serious the case is will increase the odds of being returned to PA. Have you considered calling the court that issued the warrant?

    Answers are based upon information provided by the writer. An in-depth response can only be based upon by consulation with a licensed attorney practicing in the area the questions concerns.

  2. The answer depends on whether the PA charge is a felony or a misdemeanor. The US Constitution and implementing federal law allow states to extradite fugitive felons. The states have signed off on the "interstate compact". These laws set out a fugitive's rights.

    If the FTA warrant is a misdemeanor, then you cannot be extradicted.

    If it is a felony, then you are subject to being arrested and thrown into jail without bond. The State of PA would then make a decision to procede with the extradition process. If it does, then you would be held in jail. If it doesn't, then you would be released.

    You should consult with a lawyer because the process can get complicated. There may be other consequences too. For example, your driver's license may be indefinitely suspended if you failed to appear for a driving offense- even if it is just a misdemeanor.

  3. I agree with the previous answers.
    I add that perhaps you could hire a PA lawyer to do two things in one fell swoop, that is resolve the case and lift the bench warrant.
    By way of example, in Florida, on misdemeanor cases, we can sometimes do a plea in absentia. Sometimes also the agreement is to set aside the bench warrant. With a plea in absentia, you would never have to physically appear in court - it would done through the mail. Contact a PA lawyer and see if this is a possibility.
    Otherwise, even if you are not extradited, this warrant will be a real thorn in your side for many years to come.

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