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Help! can we fight intrastate extradition / transfer on a vop?

Bankruptcy and Debt 2 views 3 answers
***if you are local and think you can help please provide your contact information***my husband pleaded guilty / NOLO to a 3rd degree felony criminal mischief charge in 2010. he was due to be off probation in september of this year, but due to being the victim of a hit and run accident feb. 2nd, he wad found to have an arrest warrant and taken to pinellas county jail, where he still is. the charge occurred in holmes county, fl and we strongly feel if he is moved back up there he will not receive fair and just treatment. there is only one public defender for that county. he only had that one charge on his record. other than being behind on payments/fines, he has completed the other requirements of his prob. is there anything we can do to have his case heard here in his county of residence?

Attorney Answers

3
Eric Trabin ·
There is no basis to fight the intrastate extradition. The county where the offense occurred has jurisdiction. While a defendant may request a change of venue, there needs to be a particular reason for that. There may be a valid reason for a change of venue in your husband's case, but it is not posted here. All that is posted is a vague fear that he might not receive fair treatment. That fear alone will not support a change of venue.
0 upvotes
Brenda A DrakeChild Custody LawyerJacksonville, FL ·
You seem to have asked the same question in at least three different places - and everyone is giving the same answer. The charges have to be faced where the crime was committed. Highly unlikely he's going to be able to move the VOP hearing.
0 upvotes
Tracey Sticco 1237902.Html ·
No, you cannot fight in-state extradition absent a legal basis for change of venue. Pinellas County does not have jurisdiction over a charge that occurred in Holmes County.
0 upvotes

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