This article discusses a recent case result for a client arrested while out of state for violation of probation on a warrant out of Bushnell, Sumter County, Florida. Find out more about possible ways to avoid a delayed extradition process to Bushnell, Sumter County, so that your case can be resolved quickly.
Our criminal defense attorneys represent individuals fighting felony criminal charges involving extradition on a fugitive warrant either to or from Florida.
Keep reading to find out more about our recent case result which also discusses filing and litigating a "Motion to Dismiss for Lack of Jurisdiction" after the probation was extended. Extradition is the process of arresting a person in one state on a Florida warrant in order to bring them back to Florida to face criminal charges.
Many Florida extradition cases involve a person who allegedly violated probation. In those cases, the court usually issues a "no bond" warrant for violation of probation. Read more below to see the result obtain by a criminal defense attorney at the Sammis Law Firm in Tampa, FL, for a specific violation of probation case in Bushnell, Sumter County, FL.
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Man Avoids Extradition to Bushnell, Sumter County, FL, and Then Avoids Sentencing Because Trial Court Granted Motion to Dismiss for Lack of Jurisdiction.
We received a call from a man's family after the man was arrested in Tennessee on a "no bond" warrant out of Bushnell in Sumter County, Florida, for violation of probation on two counts of felony grand theft charges in case number 2002-CF-534 and 2002-CF-532. The affidavit for violation of probation alleged that the man failed to pay over $20,000 in restitution as well as other court costs and fees.
The man's family disputed these figures saying that he had not received credit for all money paid after the man's probation had been transferred from Sumter County, FL, in Bushnell to Tennessee.
Obtaining legal counsel in these cases is important because when you are arrested while out of state on a felony "no bond" warrant out of Florida, you may sit in jail for several months before you are actually extradited. The extradition process is also expensive. Many times, a private company hired by the government will pick up the individual and take the individual on a bus back to Florida which can cost thousands of dollars. To add insult to injury, the trial court will attempt to require the person extradited to pay those extradition fees at sentencing.
One possible way to avoid a delayed extradition process is to file a "Motion to Withdraw Warrant to Avoid Extradition" with the trial court that issued the "no bond" warrant in the first place. In this case, we filed such a "Motion to Withdraw Warrant to Avoid Extradition" on February 4, 2010.
The State Attorney's Office with the Fifth Judicial Circuit in Bushnell, Florida for Sumter County had no objection to having warrant withdrawn based on the fact that the man had hired local counsel to resolve the case and was willing to come back to Sumter County on a voluntary basis to resolve the case. The Court signed an order on February 10, 2010, to withdraw the two felony warrants. The judge in Sumter County also ordered the man to appear for a hearing on March 11, 2010. The man was immediately released from custody out of state.
On March 11, 2010, the man appeared in court in Sumter County for a violation of probation hearing with his attorney, Leslie Sammis. We filed a "Motion to Dismiss for Lack of Jurisdiction" which was granted by the Court. The case was dismissed that day.
The man and his family were able to return to their home state without paying any additional money or facing any jail or prison time for the violation of probation accusation in Sumter County, FL.
The "Motion to Dismiss for Lack of Jurisdiction" showed that on September 17, 2003, entered a guilty plea to two charges of Grand Theft, both third-degree felonies. The charges were run concurrent (which means together or at the same time).
The Sumter County probation was originally scheduled to terminate five years later on September 16, 2008.
First Violation of Probation
On January 14, 2005, the Circuit Court Judge in Sumter County, FL, issued a warrant for the man's arrest which alleged that he violated his probation. Three months later, on April 13, 2005, the man appeared in Court without an attorney and admitted that he violated probation. He was adjudicated guilty of the underlying offenses and sentenced to four additional years of probation with each case concurrent and all special conditions being carried forward.
In effect, the probation was extended to April 13, 2009, beyond the statutory maximum sentence of five years probation allowed under Florida law for a third-degree felony.
Although rare, this problem usually results when the court extends probation. Often the person on probation might ask the court to extend probation so that he has more time to pay restitution. Certainly, being allowed additional time to pay restitution may be far better than facing a violation hearing. Judges and prosecutors must be careful that the probation is not extended beyond the statutory maximum sentence allowed under Florida law.
In this case, the court lost jurisdiction on September 16, 2008 (which was five years after the man had originally been placed on probation).
Second Alleged Violation of Probation
The second affidavit for violation of probation was issued on March 13, 2009 (which was almost 6 months after the Court lost jurisdiction).
The Effect of Filing a Motion to Dismiss for Lack of Jurisdiction
It is well settled that a probation order cannot exceed the legal maximum sentence allowed for the underlying crime. See Francois v. State, 695 So.2d (Fla. 1997); State v. Summers, 642 So.2d 742 (Fla. 1994)("We agree that the [Florida] legislature did not intend to allow such "ad infinitum" extensions of a probationary term that is otherwise subject to a statutory maximum."); Schertz v. State, 387 So.2d 477 (Fla. 4th DCA 1980)(statutory maximum must be observed when modifying or extending probation); Watts v. State, 328 So.2d 223 (Fla. 2d DCA 1976) (Original term of probation may not exceed the statutory maximum.").
The Judge in Sumter County agreed that the court had extended the probation outside of the five year statutory maximum period for a third-degree felony. The violation of probation affidavit was filed during that period of probation that was outside the statutory maximum allowed. Therefore, the Court was without jurisdiction and dismissed the affidavit for violation of probation.
Click below to read more about other recent results in Extradition cases in Florida:
Extradition to Florida - Woman avoids Extradition to Orlando, Orange County, FL, after Court agrees to withdraw warrant, giving the woman a chance to appear voluntarily to resolve her pending charges.
Tampa Extradition Attorney - Man avoids extradition, and then resolves his case completely during motion to surrender hearing in Tampa, Hillsborough County, FL.
Information Upon Request Zone
If you are interested in finding out more information about any Extradition to Florida on a Fugitive Warrant case, including for Tampa, Hillsborough County, or the surrounding areas, including Bushnell, Sumter County, FL, contact an attorney to discuss your case.
Contact us to find out more information about fighting a criminal charge in Sumter County, including serious felony offenses such as violation of probation, grand theft, and drug offenses. We have also included information here about unusual sentencing schemes used in Bushnell, Florida, to avoid putting people on misdemeanor probation including the conditionally suspended sentence, order of commitment, default, violation of a court order, clerk's certificate of non-compliance, ROR after sentencing, and warrant or capias for arrest.
Find information from other attorneys across the state of Florida about the extradition process:
Extradition on Fugitive Warrant - Attorneys in Brevard County