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.
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.
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!