A Defendant is serving a 12 month probation sentence for a DUI (driving under the influence) conviction. During this 12 month probationary period, the Defendant unlawfully “borrows” a camper from an acquaintance. The acquaintance files a stolen vehicle report with Police. The Police find the Defendant and the camper vacationing in the state of North Carolina. The Defendant is arrested and charged with Grand Theft and Violation of DUI Probation and extradited to Florida.
Probation Sentences for DUI Convictions
There are many possible probation sentences for a DUI conviction in Florida. The combination of probation and jail time can normally not exceed 12 months.
Conditions of Being Charged with Grand Theft Auto in Florida
In Florida, Grand Theft Auto is defined as any unlawful or intentional taking of property that is valued at $300 or more. The offender must have the intention to deprive the owner of his or her rights to the property, meaning they have every intention of stealing the property.
The Process of Being Extradited
Being extradited is a formal process in which the offender is arrested in another state other than where the crime took place. An extradition warrant is placed on the offender, and the asylum state (where the offender has fled to) surrenders them to the demanding state.
Under Florida law, there are three options the offender has once they are arrested. They may:
- Consent to the extradition. This can also be known as a Written Waiver of Extradition Proceedings. This occurs in a majority of any extradited cases because challenging extradition can be a rather difficult process.
- Request an extradition bond. This will allow the individual to post bond under an agreement that the offender will appear in court for any upcoming proceedings that are for the extradition request.
- Request an extradition hearing. Before anyone will be extradited, a process is followed to ensure that the arrest is lawful and the person arrested is the person that is actually wanted by the demanding state. This process is as follows:
- The demanding state issues an arrest warrant to the asylum state.
- The demanding state will provide a document proving criminal activity on the part of the offender. This document shall be authentic.
- The document must provide sufficient evidence that proves the offender is actually a wanted fugitive.
- The demanding state must obtain the offender within 30 days of the arrest or the fugitive can be released. Some states may offer a 90 day period of the fugitive being held before release if he or she is not obtained by the demanding state in this period of time.
RESULT: The Defense Attorney successfully proved to the Prosecution that the Client had no intention of permanently depriving the victim of his camper and therefore did not commit Grand Theft and violate the terms of his DUI Probation. The Court agreed with the Defense and the State agreed to DROP THE CHARGES!