My son got petty theft charges in Fl while in the process of moving to Pennsylvania, he has not been convicted on the charges and wants to leave before court date. Will Fl extradited him back to face the charges?
Often a judge who issues a misdemeanor capias will limit it to the state. But beware -- sometimes a charge originally filed as a misdemeanor can be refiled as a felony. This is often is done in theft cases if the state attorney's office feels someone has taken advantage of the situation by refusing to accept what the state considers a reasonable offer -- or if the state filed a misdemeanor when it could have filed a felony theft charge. Sometimes the state will do this when the defendant fails to appear for court or rejects an offer. Not every case can be refiled as a felony - but often they can.
Also your son should be aware that if a capias is issued for his arrest for failure to appear in court, he can be arrested out of state (assuming the judge did not limit the capias to only Florida) and held in jail out of state while Florida decides whether or not to extradite him. Unfortunately, Florida could decline to extradite -- but leave the capias outstanding; resulting in the possibility of your son being arrested out of state multiple times.
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