6 Year Old Warrant

[svalentine]

My question involves criminal law for the state of: Florida.

Hello, and I hope someone can help me. I have a brother that did some bad things with fraud in 2005. The police came looking for him, but my brother moved to England.
Now my brother is very sick and has cancer and needing to come home back to the USA.
We were told that the Statue of Limitations in Florida for fraud is 5 years. Is this true ?
If my brother arrived into Alaska (Fairbanks) would the extradite him back to Florida. Also if they detain him when arriving into the USA, how long are the required to hold him and would he recieve medical attention during this time of being held.
The charges were credit card fraud. The county was Pinellas County Florida. If anyone wants to help me, please let me know and I can give you the case numbers to look at.
I have tried to contact the States Attorney, but nothing yet.

ANY help is much apprieciated.

[free9man]

First, the SOL would have tolled when your brother fled the country. Second, the clock stops running once prosecution commences, i.e. a warrant is issued. Warrants are typically forever or until quashed/withdrawn by the court for whatever reason.

Whether they would detain him or not? Can't say for certain. It is unlikely, depending on the severity of the fraud charges, that FL would pay to extradite him back from AK. If they chose to, AK would hold him until FL sent someone to get him. There may be statutory limitations on that in AK but I don't know them. If and when he is taken into custody in, or sent back, to FL, the prosecutor would then determine whether to go ahead with charges. Depending on the severity of your brother's cancer, they may choose to plea him out rather than take it to trial. He would receive that medical treatment that was necessary while in custody.

The prosecutor is probably not interested in talking to you about the case. The only people they are likely to speak to about it are the accused, counsel for the accused or the victim.

Will he be traveling on a US or UK passport? If on a UK passport and the warrant is found, at the least he may be denied entry into the country.

If your brother is coming back to set things right, then he would do best to retain counsel in the jurisdiction where he is wanted to arrange his surrender.

[svalentine]

Thank you so much for getting back to me so fast. He has both a UK and USA passport. But, I was told he must enter on his USA passport.
Is Florida a state that does extradition ?

First, the SOL would have tolled when your brother fled the country. Second, the clock stops running once prosecution commences, i.e. a warrant is issued. Warrants are typically forever or until quashed/withdrawn by the court for whatever reason.

Whether they would detain him or not? Can't say for certain. It is unlikely, depending on the severity of the fraud charges, that FL would pay to extradite him back from AK. If they chose to, AK would hold him until FL sent someone to get him. There may be statutory limitations on that in AK but I don't know them. If and when he is taken into custody in, or sent back, to FL, the prosecutor would then determine whether to go ahead with charges. Depending on the severity of your brother's cancer, they may choose to plea him out rather than take it to trial. He would receive that medical treatment that was necessary while in custody.

The prosecutor is probably not interested in talking to you about the case. The only people they are likely to speak to about it are the accused, counsel for the accused or the victim.

Will he be traveling on a US or UK passport? If on a UK passport and the warrant is found, at the least he may be denied entry into the country.

If your brother is coming back to set things right, then he would do best to retain counsel in the jurisdiction where he is wanted to arrange his surrender.

[free9man]

Every state extradites under some circumstances. As I stated above, it is unlikely that they will extradite someone clear across the country for a simple fraud charge. Now if it were in the millions of $$$, they might but even then I'm not sure.

Since airlines are now required to provide their passenger manifests to CBP/TSA ahead of the flight for checks to be completed, it is likely they will be aware of your brother's warrant when he re-enters the country. Whether this will entail anything more than detainment until the extradition issue is sorted, I can't say. It is possible the warrant specifies the extradition limitations in the NCIC entry and they will simply cut him loose if it says "No extradition beyond X miles."

[svalentine]

Again thank you SO MUCH !!! He has changed his name in the UK and will be doing it with his US passport as well, and the amount that was fraud is less then 15,000 which is still a lot but no its not millions.
Is there a way to find out or to see his extradition rules.. or to see if there is a millage on the warrant.

Every state extradites under some circumstances. As I stated above, it is unlikely that they will extradite someone clear across the country for a simple fraud charge. Now if it were in the millions of $$$, they might but even then I'm not sure.

Since airlines are now required to provide their passenger manifests to CBP/TSA ahead of the flight for checks to be completed, it is likely they will be aware of your brother's warrant when he re-enters the country. Whether this will entail anything more than detainment until the extradition issue is sorted, I can't say. It is possible the warrant specifies the extradition limitations in the NCIC entry and they will simply cut him loose if it says "No extradition beyond X miles."