Florida/Georgia Personal Injury & Workers Compensation

...Public Defender, Dade City, for appellee. GRIMES, Judge. On May 23, 1972, James E. Fulkerson was named in a warrant issued by Judge Seaver as being a fugitive charged with committing the crime of grand larceny — auto theft in the State of Virginia. Pursuant to F.S. 941.15, F.S.A., Judge Seaver determined that Fulkerson was the person sought in the warrant and ordered him committed to the Pasco County Jail for a period not exceeding thirty days....

...944.40, F.S.A. The lower court granted Fulkerson's motion to dismiss the information. The State of Florida appeals this order. The order of dismissal recites that Fulkerson had been held beyond the statutory maximum of thirty days confinement provided for in F.S. 941.15, F.S.A., and that no extension of confinement had been sought by the State pursuant to F.S....

...Fulkerson, 300 So.2d 276 (Fla. 2d DCA 1974). In Fulkerson, the defendant had escaped from jail four days after he was served with an untimely governor's warrant. As a defense to the escape charge, Fulkerson argued that because he was held beyond the thirty-day limit in § 941.15, and was not recommitted under § 941.17, he was not in lawful custody at the time of the escape....

...or magistrate must commit the person to county jail for a period not exceeding thirty days, to enable the arrest under a warrant of the governor by requisition from the state having jurisdiction of the offense, or allow the person to give bail. See § 941.15....

...Under provisions of the uniform criminal extradition law, petitioner was arrested and having declined to waive extradition, the circuit judge before whom he had been brought remanded him to custody of the respondent for a period of thirty (30) days as provided in, F.S., Section 941.15, F.S.A....

...A person charged with having committed a crime in another state may be held up to thirty days prior to receipt of a formal request for extradition from the state having jurisdiction over the offense and the issuance of a warrant of extradition by the Governor of this state. See § 941.15, Fla....

...By previous unpublished order, we granted France's petition and directed her release on the out-of-state charges. [1] We now write to explain our reasons. In her petition, France contended that she was illegally held without bond on the out-of-state charges because the procedures outlined in sections 941.13, 941.14, and 941.15, Florida Statutes (2005), were not properly followed....

...s practicable after a warrantless arrest, the probable cause requirements for obtaining a fugitive warrant under section 941.13 must be established. When an accused fugitive is arrested pre-requisition, whether pursuant to a fugitive warrant or not, section 941.15 requires the judge to perform an examination to determine whether "it appears that the person held is the person charged with having committed the crime alleged and....

...Finally, the judge below ordered France detained without bail based solely on the allegations in the arrest affidavits. [7] He made no examination to determine that she was, in fact, the person wanted on the out-of-state charges and that she had fled from justice, as mandated by section 941.15. Nor did the judge issue the requisite warrant reciting the accusations against France and committing her to the county jail for a specified period to await her arrest on a governor's warrant. Having failed to honor the requirements of section 941.15, the judge was not authorized to order France detained on the out-of-state charges. As we have seen, France's arrest and detention were unauthorized due to noncompliance with sections 941.13, 941.14, and 941.15....

...ll practicable speed and complaint must be made against the accused under oath setting forth the ground for the arrest as in the preceding section; and thereafter his or her answer shall be heard as if the accused had been arrested on a warrant. [5] Section 941.15 provides: Commitment to await requisition; bail.— If from the examination before the judge it appears that the person held is the person charged with having committed the crime alleged and, except in cases arising under s....

...s the authority to exercise such discretion. Yet, throughout the Uniform Extradition Act, codified in chapter 941, Florida Statutes (2018), the judiciary is given wide discretion to decide whether to hold a fugitive in custody without bail. See §§ 941.15-.16, Fla....

...warrant does not constitute a waiver of the asylum state's jurisdiction.” Jenkins v. 6  At this time, Vargas’s claim of unlawful detention is not ripe, as the statutory limits have not yet expired. According to section 941.15, while a fugitive awaits requisition, “the judge must, by a warrant reciting the accusation, commit the person to the county jail for such a time not exceeding 30 days . . . .” The relevant exception within section 941.15 is “unless the accused gives bail as provided in s....

...harges. However, under section 941.16, the trial judge properly exercised her discretion to not admit Vargas to bail by bond on the fugitive warrant as the language of the statute is permissive because it uses the term “may.” After the section 941.15 time limit of 30 days expires, section 941.17 allows for an extension of time of commitment, as follows: “If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant or bond,...