What Happens If You Have a Warrant in Another State? Your Options and Risks

Finding out you have a warrant in another state can have you looking over your shoulder everywhere you go. What does it mean for your everyday life? Can you be arrested where you live, or does it only matter if you travel to that state? Warrants don’t just disappear, and ignoring one can lead to serious consequences.

In this post, we’ll explain what happens if you have an out-of-state warrant, how it might affect you, and the steps you can take to address it.

How Out-of-State Warrants Work

An out-of-state warrant, also known as an interstate warrant, is a legal document issued by a court in one state for the arrest of an individual who may be in another state.

These warrants can be issued for various reasons, including:

1. Failure to appear in court
2. Probation or parole violations
3. Unpaid fines or fees
4. New criminal charges

Warrants don’t expire, and crossing state lines doesn’t make them go away.

How You Might Discover an Out-of-State Warrant

There are several ways you might learn about an outstanding warrant in another state:

1. During a routine traffic stop
2. When applying for a job that requires a background check
3. While attempting to renew your driver’s license
4. Through a warrant search (some states offer online databases)

The Implications of an Out-of-State Warrant

Having an out-of-state warrant can have serious consequences:

1. Risk of Arrest: If law enforcement becomes aware of your warrant, you could be arrested and held for extradition to the state that issued the warrant.
2. Travel Restrictions: You may face difficulties when traveling, especially at airports or border crossings.
3. Employment Issues: Background checks for employment or housing may reveal the warrant, potentially costing you opportunities.
4. License Suspensions: Some states may suspend your driver’s license or professional licenses due to an out-of-state warrant.
5. Financial Penalties: Depending on the nature of the warrant, you may face additional fines or fees.

The Extradition Process

Extradition is the formal process by which one state surrenders an individual to another state for prosecution or punishment. Here’s how it typically works:

1. Arrest: If you’re arrested in California on an out-of-state warrant, you’ll be taken into custody.
2. Hearing: You’ll appear before a judge for an extradition hearing. This isn’t a trial on the underlying charges, but rather a proceeding to determine if you’re the person named in the warrant and if the paperwork is in order.
3. Waiver or Contest: You can either waive extradition (agree to be transferred to the other state) or contest it.
4. Transfer: If extradition is granted or waived, the state that issued the warrant has a certain amount of time (usually 30 days) to come and get you.

It’s worth noting that not all out-of-state warrants result in extradition. States often have agreements about which types of cases warrant the time and expense of extradition.

Options for Dealing with an Out-of-State Warrant

If you discover you have an out-of-state warrant, you have several options:

1. Turn Yourself In: While this might seem daunting, it can sometimes be the best option, especially if you’re able to coordinate with an attorney in advance.
2. Request a Recall of the Warrant: In some cases, especially for minor offenses, it may be possible to have the warrant recalled without you having to appear in person.
3. Negotiate a Resolution: An attorney may be able to negotiate with the prosecutor in the other state to resolve the underlying issue without you having to return to that state.
4. Fight Extradition: If you believe the warrant is invalid or that you’re not the person named in the warrant, you can contest extradition. However, this is usually just a delay tactic and doesn’t address the underlying warrant.
5. Do Nothing: While this might seem tempting, it’s generally not advisable. The warrant will continue to hang over your head, potentially causing problems at unexpected times.

Why You Need a Criminal Defense Lawyer

Dealing with an out-of-state warrant is complex and can have serious consequences. Having experienced legal representation is crucial.

Here’s how a criminal defense attorney can help:

1. Investigate the Warrant: An attorney can confirm the validity of the warrant and gather details about the underlying charges.
2. Negotiate with Prosecutors: In some cases, an attorney may be able to negotiate a resolution without you having to return to the other state.
3. Coordinate Surrender: If necessary, an attorney can arrange for a controlled surrender, potentially allowing you to quickly post bail and avoid extended jail time.
4. Protect Your Rights: Throughout the process, an attorney will work to ensure your constitutional rights are protected.
5. Provide Guidance: An experienced attorney can help you understand your options and the potential consequences of each course of action.

Specific Considerations for California Residents

If you’re a California resident facing an out-of-state warrant, there are some specific things to keep in mind:

1. California’s Participation in Interstate Agreements: California is a party to the Interstate Compact for Adult Offender Supervision (ICAOS), which governs the supervision of adult offenders who move between states.
2. Proximity to Other States: Given California’s size and location, extradition might be more likely for warrants from neighboring states like Nevada or Arizona.
3. California’s Own Warrant Policies: Understanding how California handles its own warrants can provide context for how seriously out-of-state warrants might be treated.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.