Thomas C. Grajek, Attorney At Law | November 18, 2024 | Lakeland Criminal Law
If you learn that there is an out-of-state warrant for your arrest, you need to take it very seriously. You could be arrested and extradited if you come into contact with law enforcement. The extradition laws are confusing, but you may have a viable defense.
The first step is to talk to a criminal defense attorney as soon as possible. A lawyer can try to resolve the warrant before you are arrested. If you have already been arrested, they can explain your rights and the extradition process.
Once you understand what happens if you get an out-of-state warrant, you can make the best decisions in your case.
What Is An Arrest Warrant?
An arrest warrant is a judicial document. It authorizes law enforcement to arrest someone who is accused of a crime.
To get an arrest warrant, the police must submit enough evidence to show that there is probable cause that the person committed the alleged crime. Probable cause means enough evidence that a reasonable person would believe that you had committed the crime.
There are many types of arrest warrants, including:
- Bench warrants
- Felony and misdemeanor warrants
- Fugitive warrants
- Capias warrants
- Parole or probation violation warrants
The difference between each type of arrest warrant depends on how it was issued and the type of crime alleged. Any arrest warrant should be taken seriously, regardless of how it is classified.
Do Warrants Follow You From State To State?
Yes, warrants will generally follow you from state to state. The United States Constitution explicitly addresses this topic. If you have a warrant out for your arrest in one state and flee to another state, the state must extradite you when requested by the first state.
The arrest warrant is the mechanism that allows the police to arrest you even though you didn’t commit a crime in their jurisdiction. In Florida, the police have access to national databases that notify them of outstanding warrants in other states. That means you could be arrested any time you come in contact with law enforcement.
What Happens If You Get Arrested For An Out-of-State Warrant?
If you are arrested for an out-of-state warrant in Florida, you will go to jail pending extradition proceedings. Extradition is the process of returning someone to the state that issued the arrest warrant to stand trial for the alleged crime. You may be held for 30 days pending extradition.
Like many states, Florida has adopted the Uniform Criminal Extradition Act. This act standardizes the extradition process across the states. Once you are arrested, Florida will notify the demanding state of your arrest. The demanding state must then formally file paperwork requesting that you be extradited.
The paperwork must include information that shows:
- You were in the demanding state at the time of the offense
- You are currently in Florida
- There is probable cause that you committed the crime
- There is evidence linking you to the crime
Even if the paperwork meets these requirements, you still have the right to an extradition hearing. You can challenge the extradition at that point.
Defenses To Extradition In Florida
Some people choose to waive extradition. This means that they accept extradition and agree to return to the demanding state. Many people charged with misdemeanors or less serious crimes waive extradition.
However, if you choose to fight against extradition, there are defenses in Florida. Unfortunately, the defenses are limited and mainly procedural. The most common defenses include:
- The alleged criminal behavior is not a crime in Florida
- You are not the person identified on the arrest warrant
- Insufficient documentation to support the extradition
Extradition is a technical process. Many people are unsuccessful in fighting against extradition. If you plan to fight your out-of-state warrant, you should speak with a criminal defense lawyer for help.
Contact Thomas C. Grajek, Attorney At Law For Help
Our experienced Florida criminal defense lawyers can discuss your case with you and help you decide on the next steps.
For more information, please contact the Lakeland Criminal Defense attorneys at Thomas C. Grajek, Attorney At Law, for a consultation. We serve all areas in Lakeland, Polk County, and throughout Florida.
Visit our convenient location:
Thomas C. Grajek, Attorney At Law
112 E Poinsettia St
Lakeland, FL 33803
(863) 688-4606