What Happens If You Have a Warrant in Another State?

Facing a warrant is difficult for anyone, but if you are facing both an arrest in California and you have a warrant issued in another state, there are several serious complications that can arise...especially if you no longer live in the state that issued the warrant.

Some people assume that if they move to another state, they no longer have to worry about a warrant, but that's not the case. It doesn't matter what the warrant is for. If you have a legal issue in another state, it can follow you to California. Understanding what happens is important when you have moved across state lines and then get arrested in California. 

The first thing to do if you are arrested in California and you have a warrant in another state is to reach out to an experienced criminal defense attorney. They can also advise on questions like Can police search your phone in CA?

What Is an Out-of-State Warrant for Criminal Charges? Bench Warrants, Arrest Warrants, and Other Warrants in Another State

An out-of-state warrant is a type of legal document that is issued by a judge. It gives police officers the right to arrest a person who is suspected of committing a crime. These warrants are still valid if the person moves to a different state. There are different types of warrants:

• Bench Warrants - A bench warrant is an order typically issued when a person doesn't appear in court or fails to pay a fine.
• Arrest Warrants - This warrant is issued when a person is suspected of committing a crime.
• Probation/Parole Violation Warrants - This type of warrant is issued when a person violates the terms of their probation or parole. 
• Governor's Warrants - A warrant issued by the governor of the state where the person is found, after the governor of the state that wants the person sends a formal extradition request.

Once a warrant is issued, the person named in the warrant is required to respond to it...even if they live in or are visiting another state.

How Do States Address an Out-of-State Warrant? Dealing with an Out-of-State Warrant

Most states, including California, have adopted the Uniform Criminal Extradition Act, and the U.S. Constitution also requires states to return people charged with crimes in another state. But extradition is not automatic. The state that issued the warrant decides whether to ask for the person back. If it does, California can send the person to that state for prosecution or punishment.

Most law enforcement agencies will use a national database (National Crime Information Center) to check for active warrants anytime they have the chance. Even a simple traffic stop or a background check for housing or employment can reveal an outstanding warrant from another state. 

Can You Be Arrested in California for an Out-of-State Warrant? What Happens When They Discover an Out-of-State Warrant?

If a California law enforcement officer discovers an out-of-state warrant, they will usually arrest and detain the person, at least for a short time, to look into the validity of the warrant and to look into the rest of the person's criminal record. If arrested for an out-of-state warrant, it's also possible that the person could be extradited. Whether or not this happens depends on the following: 

1. How Serious the Offense Is – Felonies and violent crimes almost always result in extradition to the requesting state. A minor misdemeanor offense may not, though you will still need to deal with this.
2. The Distance Between California and the Other State – States are less likely to extradite for minor crimes if the distance is great, as the state will need to cover the cost of travel.
3. Resources and Costs – Extradition requires transportation and coordination between states, which may impact whether it is pursued. In some cases, it might not be worth it for the state to pursue an active out-of-state warrant due to these costs.

If, for instance, you get an out of state warrant for missing a court date in Florida for a traffic violation, and you are in California. It's unlikely that Florida will extradite you. However, the warrant will still be active. On the other hand, if you are wanted for a felony warrant in Nevada, it is very likely that you would be arrested and sent to Nevada to deal with the out-of-state warrant while in California. For more information, a Sacramento criminal defense lawyer may be able to advise.

What Is the Extradition Process for an Out-of-State Arrest Warrant? A Criminal Defense Attorney Can Help

What happens if you get arrested in California and you have a warrant in another state? The warrant can lead to extradition, as mentioned before, thanks to the Uniform Criminal Extradition Act. This is typically how the process works:

1. Arrest - California law enforcement officers can arrest people when they see that there is a warrant in another state. They will confirm the warrant, notify the state where the alleged crime was committed, and detain the person while they wait for word on an extradition. At this point, it's a good idea to reach out to a criminal defense attorney.
2. Waiver or Wait - The person can choose to waive extradition and agree to go back to the other state. If they don't waive, California law limits how long they can be held while the other state seeks a governor's warrant (generally up to 30 days, which a judge can extend by up to 60 more days). If no governor's warrant arrives in time, the person can be released, though the warrant stays active.
3. Governor's Warrant - If the other state wants the person back, its governor sends a formal request (a requisition) to California's governor, who can then issue a governor's warrant. In some cases, the other state may decide not to pursue the original warrant.
4. Court Hearing - The person can challenge the governor's warrant in a California court through a habeas corpus petition. This review is narrow. The judge looks mainly at whether the person is the one named, whether the extradition papers are in order, whether the person is charged with a crime in the other state, and whether they are a fugitive from that state. It is not a review of the underlying case.
5. Transfer - If the extradition is approved, the person is then transferred to the other state. 

Having to deal with an out-of-state arrest and the details of a warrant is difficult for anyone. This is why it's so important to have a lawyer by your side to deal with the warrant or the extradition order across state lines. This can also be helpful when needing to understand how warrants work for minors in CA.

Do You Need a Criminal Defense Lawyer? Contact Goss Law - a Criminal Defense Law Firm in California

Having a warrant in another state is a serious matter that does not simply go away with time or distance. Whether the warrant is for a minor misdemeanor or a serious felony, it can result in arrest and extradition from California to every other state. 

For individuals in California, the safest step is to consult a criminal defense attorney who understands both state and federal extradition laws. With legal guidance, it may be possible to resolve the matter efficiently, minimize disruptions to daily life, and protect long-term rights.

When facing an out-of-state warrant, you need a criminal defense law firm on your side. They will offer legal advice, work with you to deal with the out-of-state warrant in California, and consider the validity of the warrant from the issuing state by looking at the details.

Blair Goss of Goss Law is a California criminal defense attorney who can work with clients who are accused of violating an out-of-state warrant. Contact the firm now.