My son is 21 going on 22, this happened when he was 18, he was "supposed" to be charged as y\o, I went to all his court dates and he had to complete a program called cases, which he did, I moved to Florida in 2013. We came back to ny for his court date which they didn't have any record of the date anymore, he was no where on the dockets moving forward, this is in August, I went back to Florida but daquan claimed he couldn't leave, long story short he end up catching a trespassing charge and some other misdemeanor, got stabbed, was living in homeless shelters, he sold his phone so I had limited contact with him, tracked him down in the shelter system and finally he agreed to come down to Florida, doing good working no trouble& boom get stopped walking home from work and now being held FLA
Your question is a little difficult to follow, but I believe you are asking if you can challenge a fugitive warrant out of New York when a person is arrested in Florida on that warrant? The question is yes, but you are very unlikely to win. There are a few reasons that a warrant out of another State can be challenged, but they are very technical and cases rarely fall under the exceptions. Your best bet is to consult with a lawyer in your area (most give free initial consultations) who can get all the facts and give you advice. However, you are most likely to find that your money is going to be better spent hiring a lawyer in NY to address the bigger problem (the pending charges in NY), which will not go away even if you are successful at challenging the NY warrant. Please let us know if these answers are helpful and/or the best by clicking the appropriate button. Good luck
I think he will need an attorney in NY for this. That is if NY decides to extradite him. In the mean time, he might need an attorney in FL.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
You can challenge extradition to NY based on whether NY wants to litigate, transport him and prosecute him in that State. Your fist move is to consult a Florida attorney about fighting extradition.
Extradition to another state is typically based on two things, 1. The other state has to prove that there is a warrant pending and 2. There has to be proof of identity - In other words that your son is the person named in the warrant. As mentioned by some others, your money may be better spent in hiring an attorney in NY who can contact authorities in NY to convince them that the warrant was issued in error and to have it withdrawn. This will have to be done quickly to avoid him being transported to NY at his expense.
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