What Happens If You Get An Out Of State Warrant For Arrest?
No one wants to hear that there is a warrant out for arrest. If you are charged with committing a crime in another state, you could get an out-of-state warrant. The rules concerning out-of-state warrants are confusing.
If you have reason to believe that there is a warrant out for your arrest in another state, contact a criminal defense attorney immediately. It is better to get ahead of the warrant and try to resolve it than to ignore it. A Tucson criminal lawyer can protect your rights and help you through the extradition process.
Types Of Warrants
A warrant is a document that authorizes the police or another official to take action. Usually, the action is to search a property, make an arrest, or seize certain evidence.
When it comes to arrest warrants, there are many different types. To further complicate the matter, states may vary on how they classify or label particular types of warrants. The most common types of arrest warrants are:
- Bench warrants
- Probation or parole violation warrants
- Felony warrants
- Misdemeanor warrants
- Fugitive warrant
- Capias warrant
All of these warrants authorize an arrest or detainment for one reason or another.
Do Warrants Follow You From State To State?
A warrant can follow you from state to state. In most cases, the local police department can arrest and detain you for an out-of-state warrant. Many police departments in Arizona have access to databases that share information about out-of-state warrants.
If you are pulled over or arrested for an unrelated charge, the police may see that there is an active warrant. They can arrest you for that warrant even though it was issued by an entirely different jurisdiction. However, the bigger question is whether or not you can be extradited to the state that issued the warrant.
What Happens If You Get Arrested For An Out-of-State Warrant?
If you are arrested for an out-of-state warrant, you will likely be held in jail while the local authorities communicate with the agency that issued your warrant. A judge will then decide whether you should be extradited.
Arizona can hold you for a maximum of 30 days after an extradition request has been made. That means that the state that issued the warrant has 30 days to formally complete the extradition process and send someone to pick you up and take you back for your trial.
Upon your arrest, Arizona will notify the other state that you were arrested and are held in jail. The other state will file a UCEA application with the Arizona Governor’s Office to extradite you. The UCEA is a federal law that governs extradition between states.
The Arizona Governor’s Office will issue a governor’s warrant authorizing extradition if you meet the following requirements:
- You were in the state where the crime occurred at the time of the offense.
- You are currently in the state of Arizona.
- You were lawfully charged with a crime supported by probable cause.
- There is evidence linking you to the crime.
You can challenge your extradition at an extradition hearing.
Defenses To Extradition
It is difficult to challenge extradition, but it is not impossible. Two significant defenses are mistaken identity and challenging the legality of the extradition process.
If you argue mistaken identity, you are arguing that you are not the person named in the warrant. Perhaps you have a common name, and there are no photographs or fingerprints to connect you to the crime.
If you challenge the legality of the extradition process, you have more legal options. You could argue that the necessary elements were not satisfied to authorize extradition. Perhaps you were not lawfully charged in the issuing state or were not in the issuing state at the time of the offense.
Some people choose to waive extradition and prefer to be sent back to stand trial. This is common when someone wasn’t aware that there was a warrant for their arrest and in relatively minor cases. In a case involving a felony, you might be inclined to fight extradition or hope that you aren’t picked up within 30 days.
If you decide to fight an out-of-state warrant, you should consider hiring a Tucson criminal defense lawyer.
Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help
For more information, contact the Tucson criminal defense attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439