What happens if you get an out of state warrant depends on what type of warrant has been issued and what type of crime the warrant is for.
An arrest warrant is a document that gives police the authority to arrest an individual. In most cases, the reason a warrant for arrest is issued is that law enforcement suspects the person named in the warrant has committed a crime — such as murder or rape.
The terms of an arrest warrant typically allow for police to arrest the person anytime and anywhere. That includes in other states. If a crime is serious enough and authorities expect the suspect is in a different state, they can even coordinate with local law enforcement in the other state to arrest the individual. This is most common if the warrant that has been issued is for a felony. If you have a warrant out for your arrest in another state for a felony and you are stopped by police in your home state, there is a good chance you will be arrested and extradited to the state where the warrant was issued.
If you have a warrant out for your arrest in another state for a felony crime, you need to contact a qualified criminal defense attorney immediately. They will help walk you through the process of turning yourself in while doing their best to minimize the fines, penalties, and jail time relating to the warrant in question. Misdemeanors are lesser crimes that carry shorter jail times and fines than felonies. The purposes of the UCEA was to create a more standardized process to return a fugitive who had left the state where the crime occurred.
The UCEA was also created to avoid due process violations or cases of innocent individuals being arrested because of mistaken identity or poor record keeping. The requirements in each state vary slightly, although all states generally require:. McCarthy fight felony charges to help individuals arrested on a fugitive warrant who are awaiting extradition back to Florida to answer felony criminal charges in Central Florida.
McCarthy to get immediate legal representation. A conviction for aggravated assault can result in jail time. You need a Melbourne criminal defense attorney to help you with your case. Once you outline the circumstances of the aggravated assault case to our lawyer, we can begin creating a defense to get the charges reduced or dismissed. Call us at or contact us online today.
We Fight For Your Freedom. Florida Extradition Laws Extradition laws provide for a process of bringing a person back to Florida from another state to answer felony criminal charges.
Our attorney has over a decade of experience. In the United States, international extradition is treaty based, meaning that the United States must have an extradition treaty with the requesting country in order to consider the request for extradition. Extradition practice varies greatly, depending on the country involved. Typically, extradition is comprised of a judicial and an executive phase. After a person has been located and arrested in the requested country, the case enters the judicial phase.
During the judicial phase, a court will determine whether the extradition request meets the requirements of the applicable extradition treaty and the law of the requested country. If so, the judicial authority will rule on whether the person may be extradited. If the judicial authority rules that the person may be extradited, the case enters the executive phase, in which an executive authority of the government of the requested country, usually a Prime Minister, Minister of Justice or Minister of Foreign Affairs for the United States, the appropriate executive authority is the Secretary of State , will determine whether the requested country will surrender the wanted person in extradition.
If so, the executive authority may issue a surrender order. Depending on the country involved, both the judicial ruling and the executive decision to surrender the wanted person may be subject to multiple levels of appeal. Once the requested country is ready to surrender the person, its authorities will coordinate with authorities in the requesting country to transfer the wanted person in custody. The State Department describes the extradition process for persons wanted abroad and found in the United States, along with its treaty, statutory and regulatory bases here.
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