Bench warrant
Halt | June 27, 2018 | 9 Comments

What Happens If You Get an Out of State Warrant for Arrest?

Getting an arrest in bench warrant is no joke. It’s a serious legal matter that requires your prompt attention. You’ll need good legal counsel to deal with an out of state warrant for arrest.

The problem is you have to worry that police can arrest you at any time, even for out of state warrants. Luckily, there are great resources that explain how to find and clear a warrant.

So what is a bench warrant? With the right help and the right mindset, you can – and will – get through it. Afraid you have one? Here’s your guide how to deal with an outstanding warrant for your arrest and what can happen.

What is an Out of State Bench Warrant?

A bench warrant is a legal document that authorizes a law enforcement officer to arrest a person. This can be an arrest warrant. You’re arrested, handcuffed, and put in a holding cell before and then brought in front of the judge.

When a court finds that there is probable cause to think you have committed a crime, it issues an “arrest warrant”.

The court issues a “bench warrant” when you have broken the court’s rules. You weren’t “sitting on the bench”.

What Happens When I Get a Warrant?

If a judge decides you need to show up in court, you need to show up in court! It’s basically impossible to fight. Comply with the arrest warrant or face severe consequences.

First the judge files legal paperwork authorizing the police to arrest you. A warrant is now issued for your arrest. Your case gets entered into the FBI’s National Crime Information Center database. It will be available to every law enforcement officer in the country who wants to run your I.D.

Depending on the severity of the offense, you may be arrested on the spot if any cop in the country figures out who you are. The U.S. Marshals may be called upon to track you down.

What about a Misdemeanor Warrant in Another State?

A misdemeanor is a “lesser” offense. What constitutes a misdemeanor varies from state to state and even across time. If you got a bench warrant for a crime that used to be a felony (like marijuana possession in some states), but which is now a misdemeanor, you still have a felony warrant for your arrest!

Under Certain Circumstances

New York generally doesn’t want to pay the expense of moving a person from California all the way across the country for fight spending ticket. However, under certain circumstances, they might very well do just that! You could go to this company for information on foreign subpoenas.

The issuing agency can attach a rider to their out of state bench warrant for misdemeanors. Riders are special instructions listing under what circumstances they are willing to send an agent to pick up a suspect. Riders can be things like “East of the Mississippi” or “Northeastern States”. For more serious offenses, agencies are generally willing to pick up fugitives anywhere once they’re caught.

What Happens if I Have a Warrant For Arrest in Another State?

There is really only one thing to do if you have a bench warrant in another state. Get an attorney for criminal defense and turn yourself in. The longer you wait, the worse the consequences will become.

When an bench warrant is issued for you, it stops the clock on any statute of limitations. generally, they never go away. The only way to get rid of the warrant is for you, or your attorney, to show up in court.

For Public Defense

Public defenders get a bad rap, but they really do try their best. It’s part of the profession. It’s the foundation of any attorney’s career to try and uphold justice.

Every defendant deserves a competent defense. “Competent” means a different thing when you’re paying for it, and when the person is losing money and taking time out of their day to defend you. A pro bono attorney will do his best to represent you, but he has limited resources and limited time to work on your case.

What is a Bench Warrant?

In many places in America, there aren’t even professional public defenders! If you want to stand at the bar in that court, you have to take a certain number of charity cases a year. That’s the deal.

Consider carefully the ramifications of taking a public defender to represent you in a criminal case. You will get a fair hearing, and the attorney will do his best to defend you. Your lawyer won’t have the time or the resources a paid attorney will have.

If you are arrested, you might have to wait several weeks during extradition and transport. You could lose your job if you have one, and your life will have to be put on hold until you get out.

Do Warrants Transfer From State to State?

Arrest warrant in another state don’t stop at a physical place. Local police agencies make local arrest decisions. Federal agencies cover the entire country.

There are two important questions. Will the local authorities who have jurisdiction will arrest you? Will they agency who issued the warrant extradite you back to the place where the warrant for arrest comes from.

For Any Major Felony Crime

You’re extradited. For a minor traffic violation – unless it includes issues like serial offenses – many states won’t bother arresting you.

Several states have special rules for family crimes and sex violators. These suspects can also expect extradition, even if the crimes are not felonies.

Even if you won’t be extradited, that doesn’t mean you’re off the hook! Having an outstanding arrest warrant, even for a minor parking violation, can have major negative impacts on your life.

You may not be able to renew your driver’s license if it is a motor vehicle-related issue. Many states sign “reciprocity compacts” with other states. A traffic ticket in New Jersey follows you to Nevada, and you can expect to walk out of the DMV with an identification card and no drivers license.

Get a Lawyer, Get Right with the Law

If you fight the law, you will lose. If you know that you have an out of state arrest warrant, get a criminal defense attorney right away and follow their advice. It’s a serious problem that only gets worse the longer you wait.

Check out our blog for all kind of tip on how to choose a good lawyer. It’s important to have the proper legal defense when you deal with Arrest Warrant. Don’t go it alone, the clock is ticking!

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  1. Tycoon

    February 5, 2019

    In up state ny I made a bow out of a tree I cut down for a walk hang up use only I walk around threw stores got a lot looks asked questions about bow I said ways art project not a weapon to hurt anyone with it. So I continued to walk away to finish my project looking to goop clue to hold my wild turkey feathers to the end of my now that I found in the woods. The I was going to give it to a friend that like native art he has my white tail deer skull. I found in the woods that I painted in native art word. SO THIS idiot at home depot call herassed me out the door creaming hay!!! What are u doing. I said nam what the fuck is with u. The now in my walking away from him. He calls the police. Like three hours later I was pick. When I got of jail on ORO I told a security gaurd about it. That was u. He said he got a call from crazy guy running the the store. I did u look at the camera was it me he said no it was not u at all. It was another guy that a store cleark called me. I saw you a 3 to 4 time I didn’t see u as a threat to know one at all. MY PUBLIC IS A DICK. I ASKED FOR JURY TRIAL. SAIS I COULD NOT GET JURY TRAIL. Right there an then I knew I was fucked. So i left ny on a 4 wrongful mistermeanor charged with my wife.

  2. Amarah Steele

    February 15, 2019

    Thanks for sharing this, I had no idea that if a law used to be considered a felony in a state and you get charged with it in state. It’ll still be viewed as a felony!

  3. John

    February 15, 2019

    You would be surprised how many people regard new attorneys in a bad fashion. They put a lot of time and hard work into their craft in order to help serve people who put them in a bad light. People should start taking into account all of the work they do before judging.

  4. Fletcher Goodman

    February 15, 2019

    Random question… but what happens if I got a speeding ticket in a neighboring state? Does that mean that I need to go back to that state in order to have the ticket handled in their court system?

  5. Jaden Munoz

    February 15, 2019

    Hypothetically speaking, if I was to receive a ticket in another state and returned back to my home state (California), what and or are there any limitations if I decide to avoid the ticket?

  6. Kelsea Underwood

    February 15, 2019

    I recently got a parking violation in Las Vegas last weekend… but I live in Los Angeles, do I need to go back to Las Vegas in order to deal with the ticket or can I handle it in Los Angeles. Also, do you have any recommendations for lawyers in Los Angeles?

  7. Gerhard

    February 15, 2019

    I have an interesting situation… I’m from Frankfurt, Germany, but I received a violation a day or so ago in Florida. Does this mean that I won’t be able to go home until I cover the ticket expense? Or can I pay once I’m back in my country?

  8. Jordan

    February 18, 2019

    I have a bogus limited order of protection in the state of New York (non child – I made sure of that), and took it because I’m in California and I had no time or ability to stay in NYC / nor ability to afford it.

    Classically, she uses the threat to incarcerate me at every chance.

    Recently I could not pay my phone bill after a hardship so on the scheduled day / time, as every mon, wed, Thursday, and Sunday, I called at 4pm with a Dingtone (free calling app) with an area code of Nyc.

    My ex is claiming for the trillionth time that I harassed her again only this time, she was calling from the police station. She states I used the number to intimidate her and did not let me speak with my son.

    Question: I am in LA, and and married, with a baby boy on the way. I am also a witness in court working with the LAPD as my wife was sexually assaulted 2 years ago.

    What is likely to happen here, and what can be done?

  9. Richard Penny

    February 19, 2019

    I live in FL since 2007! Lived in CO w/ sister and got in money trouble. Took a couple personal items from her and pawned them…left state and never returned. Since then, have been clean and forgiven but I recently got ID’d in traffic accident. Officer said I had active warrant in CO but they will only extradite me within a border state surrounding CO. The original offense was from 1998 or 1999. The officer let me go because CO would not extradite me (presumably because FL too far away), but said the warrant was renewed in 2018 and still active.
    I’d like to get this over with but I’m 71 years old and low income. It would be embarrassing to get arrested while I’m taking my great grand daughter to Driver Ed classes twice a week, or traveling with friends/ family casually

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