Having an arrest warrant issued against you in a different state does not mean that you can walk free in the state you are currently in. In fact, the current state can have you arrested to begin the legal process to have you sent to the state where the warrant was issued. This process of having a person sent to another state to face their criminal charges is called “extradition.”
Once you are arrested, a judge reviews the arrest warrant, explains your legal rights, and, if everything is valid, you are transferred to face the charges there. If you know there is an out-of-state warrant for your arrest, it is essential to understand what extradition means and what will likely happen further. The legal process can move rapidly, and your decisions early on can affect the result.
Understanding Extradition
Extradition for an out-of-state arrest warrant is the formal, legal process of transferring a person from one state to another to face criminal charges.
simply:
- One state issues an arrest warrant.
- Another state arrests the suspect through a warrant.
- The warrant-requesting state asks for the person to be returned.
- The person is transported back to face criminal charges.
This legal process is governed by state law and the U.S. Constitution. Most states similarly follow these procedures.
What Happens After You Are Arrested through an Issued Warrant?
If you are arrested on an out-of-state arrest warrant, here is what typically happens:
1. Booking and Arrest
The local law enforcement team arrests the suspect through the active arrest warrant issued by the requesting state. They have taken the suspect to jail, fingerprinted them, and booked them into the criminal records.
2. Warrant Confirmation
Law enforcement authorities approve and ensure the arrest warrant from the requesting state is valid and active. Then they do further procedures.
3. Make the Suspect Appear in the Court
The suspect will appear before a judge in the state where they were arrested. The judge informs the suspect of the warrant and their legal rights.
4. Decision on Extradition
At this stage, suspects usually have two choices:
- Waive extradition, which means the suspect agrees to return voluntarily to the arrest-requesting state.
- Fight extradition, which may delay the process but does not challenge the underlying charges.
5. Waiting Period
If extradition moves further, the requesting state has a minimal amount of time to arrange transport. During this time, you may remain in police custody.
6. Transfer to the Requesting State
Finally, the officers of law enforcement from the requesting state will transport you back to face the criminal charges.
Can You Fight Extradition?
You can challenge the extradition process, but the grounds are minimal. The court in the arresting state does not decide whether you are guilty or innocent. Instead, the judge reviews:
- Whether the arrest warrant from the requesting state is valid.
- Whether you are the person named in the arrest warrant.
- Whether proper procedures were followed.
Fighting extradition may reduce the speed of the process, but it rarely prevents transfer unless there is a clear legal defect.
Time Taken for Extradition
The timeline depends on some key factors:
- The seriousness of the criminal charges.
- How rapidly the requesting state responds.
- Whether you waive extradition.
- Court scheduling and paperwork processing.
In several cases, the legal process can take days or weeks. If the warrant-requesting state does not act within the legal deadline, release may be possible, though the warrant itself usually remains active.
Key Takeaways
- When a person is arrested under an “arrest warrant” from another state, the state requesting this person’s return can file an extradition petition with the courts in the state where the person currently resides.
- Once you have been arrested, you will have a court appearance, and you can either challenge the extradition request or waive your right to contest it.
- The court will evaluate the legal basis for extraditing you; a court does not determine innocence or guilt.
- Getting an experienced attorney and acting quickly could make the difference between being extradited and remaining in your current jurisdiction.
