Out of County / State Clients

At My DUI Guy, a Division of Ancient City Law, we understand that the only thing more inconvenient than being arrested in Florida when you live out of state is having an open warrant in Florida when you live out of state.

That’s why we have many clients who live out of State but were arrested or charged while visiting or traveling through Florida. Our goal is simple: to resolve your case as easily as possible, while keeping you out of the courtroom. Let’s face it, no one can afford to take of work for a few days to deal with Court in Florida. In several cases we have been able to resolve cases without our client’s having to return to the State, or if they did have to return, it was only one time.

So what does Ancient City Law do?

At My DUI Guy, a Division of Ancient City Law, there are many things we do to make your criminal case as easy as possible for you:

• We talk with the Prosecutor about the possibility of withdrawing your warrant or reducing your bond.
• If you have a warrant in Florida that you haven’t been arrested on yet, we work with the Prosecutor to arrange for you to turn yourself in. This allows us to have a bond ready, and prevents extradition, which could take months. More importantly, it prevents the embarrassment from getting arrested at your work, or in front of your family, children, or loved ones.
• We discuss with the Prosecutor the possibility of dropping your case or reducing your charges.
• We can file a Waiver of Appearance which excuses your appearance at most court hearings except for your plea or trial.
• We can try to resolve your case through a “plea in absentia,” which essentially allows us to stand in for you during the proceedings, so you do not have to appear in court.
• We can file a Motion which allows you to appear by video or telephone.
• We petition the Court to allow you to report for your probation by phone.
• We petition the Court to move your probation to the state and area you live.
• We file a Motion to Terminate your Probation Early if you have completed everything at the halfway point, which normally doesn’t require your court appearance.
• We apply these same strategies if you violate your probation as well.

What if I was arrested for a Felony?

If you have a pending felony charge, our main goal is to try to prevent you from being held in a Florida jail while your case is pending.

There are several factors that can help us with getting your case either dismissed or quickly resolved so you do not have to return to Florida. If you reside outside of state, and your charges are old, and your case did not involve violence or bodily harm, then the prosecutor is more likely to work with us.

Also, if you are able to promptly pay any court-ordered restitution, fees, and fines, the courts may look at your case more favorably and be more willing to resolve it quickly.

Of course, there are certain cases in which may require you to return. For instance, if you plead to a felony and have felony probation, you must appear for your plea. However, we can try to get your probation transferred back to your home state. Likewise, if your sentence requires jail time you would obviously need to be present.

Will Florida Extradite me?

Simply put, “it depends”. There are several variables Florida looks at and many of them depend on your crime. For example, if you have committed a felony, and have not been arrested yet, you most likely will be arrested in the state you are in because Felony cases cannot proceed until there has been an arrest. For most misdemeanor crimes, however, Florida will rarely extradite you. The state you are in may arrest you, but when they contact Florida to extradite you, Florida will most likely say no, then you will be released.

What is the Extradition Process?

If you have been charged with a crime in Florida, and you have an open warrant, the officers have the right to arrest you in the current state you are in. One they arrest you, they normally add the additional charge of “Out of State Fugitive,” which gives them the authority to hold without bond, even if you have a bond from Florida.

If you agree to be extradited then you will be extradited to Florida within a few weeks normally, and you will get credit for the time you are being held during the process. If a few weeks goes by and you are still there, a judge may hold a status conference to see what the holdup is. If you object to the extradition, and want a hearing, it will take months, and you normally don’t get credit for being held during this time.

Because these issues can be complicated, and many times they don’t have simple or straightforward answers, you should consult with Ancient City Law today!

So what do I do?

If you have an outstanding warrant or were arrested in Florida but live out of state, it is important to understand your options so you can proceed in a way that saves you time and money. If you are a Non-Florida Resident charged with a crime, or have an open warrant, contact My DUI Guy, a Division of Ancient City Law today to see how we can make the criminal process easier for you.