Florida/Georgia Personal Injury & Workers Compensation

...See § 941.15, Fla. Stat. (2000). The circuit court has discretion to grant bail to a person detained on an out-of-state warrant pending the issuance of the warrant of extradition, unless the offense charged is punishable by death or life imprisonment. See § 941.16, Fla. Stat. (2000). Section 941.16 specifically provides: *1065 Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or other judicial offi...

...he or she deems proper, conditioned for the prisoner’s appearance before him or her at a time specified in such bond, and for the prisoner’s surrender, to be arrested upon the warrant of the Governor of this state. (Emphasis added). Pursuant to section 941.16, bail is intended to set conditions which will ensure that the prisoner will surrender in Florida should the Governor issue the warrant for extradition....

...In this case, the subsequent proceedings are an appearance before the circuit court for surrender, should the Governor issue a warrant for extradition, followed by a habeas hearing at which the legality of the extradition may be tested. See § 941.10(1), Fla. Stat. (2000). Under section 941.16, a court may not use a bond to short circuit the extradition procedure. The special condition requiring petitioner to surrender directly to South Carolina does not ensure petitioner’s appearance at subsequent proceedings in this state, rendering the condition inconsistent with the purpose of bail as set forth in section 941.16 and invalid on its face....

...nd specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused gives bail as provided in s. 941.16, or until the accused shall be legally discharged....

...he State's response contains copies of any teletypes. [7] Although France did not expressly request bail on the out-of-state charges and has made no issue of this in her petition, an accused who is arrested pre-requisition is eligible for bail under section 941.16, Florida Statutes (2005).

...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. 941.16 . . . .” Vargas paid the bail amount under the Florida grow house charges and was released on those charges. 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 lim...