The following are from State Correctional Facilities in Attica and were in Wyoming County Court before Judge Michael Mohun March 29. Jerry McLamore was found guilty during a bench trial of promoting prison contraband in the first degree, a Class D felony, and conspiracy in the fifth degree, a Class A misdemeanor.
By law (Florida statute 941), the state may extradite a person charged with a âcrimeâ in Florida, whether it is a felony or misdemeanor. So even though a DUI charge is a first degree misdemeanor in Florida, extradition is still possible if the state chooses to do so. Extradition cases, however, can be extremely time consuming and costly. As a result, the state of Florida rarely attempts to extradite a person for misdemeanor offenses, including DUI.
Therefore, unless an indictment is waived, its use is required to charge a felony. See this Manual at 209. Although the penalty for a misdemeanor may be imprisonment for one year, a misdemeanor is not an infamous crime because the defendant cannot be placed in a penitentiary without his or her consent.