An arrest warrant is a legal document issued by a judge or magistrate authorizing law enforcement to arrest an individual suspected of committing a crime. Whether for serious felonies or minor misdemeanors, an arrest warrant empowers authorities to take immediate action to detain the person in question. While these warrants are typically issued within a specific jurisdiction, they often carry consequences beyond state borders.
One critical aspect of arrest warrants is that they don’t disappear if you cross state lines. In many cases, especially with felony warrants, law enforcement agencies from different states cooperate to locate and arrest individuals with outstanding warrants. Thus, even if the warrant originates from one state, you may still face arrest in another because your warrant follows you out of state.
Additionally, the severity of the crime associated with the warrant, such as whether it’s for a felony or misdemeanor, can influence how states choose to handle the matter.
Understanding the legal implications is crucial if you have an outstanding warrant. Being unaware of your legal standing or delaying action can lead to more severe consequences, including extradition to the state where the warrant was issued and additional legal penalties. Let’s discuss how law enforcement officers in other states can see your warrant and what could happen if they do.
Reasons You Could Have an Arrest Warrant
Did you know that you could have a warrant out for your arrest but did not know about it? The court is not required to notify an individual once it has issued a warrant.
A warrant may be issued if:
- You missed a court date
- You missed a mandatory probation meeting
- You violated probation terms
- You are wanted in connection to a crime
Can Police Officers See if You Have a Warrant in Another State?
Regarding warrants, law enforcement has powerful tools to track individuals across state lines. Warrants can range in severity and purpose, and it’s essential to understand how each type operates and the role national databases play in sharing this information.
Types of warrants that can be issued include:
- Bench warrants: A bench warrant is generally issued when someone fails to appear in court for a scheduled hearing. Unlike an arrest warrant, a bench warrant may not necessarily involve criminal charges. However, regardless of the nature of the underlying issue, law enforcement has the authority to arrest the individual and bring them before the court to resolve the matter. Bench warrants are recorded in databases and are accessible to law enforcement nationwide, meaning you can be arrested in another state if the warrant is discovered during a routine stop or background check and could be extradited for having a bench warrant.
- Arrest warrants: An arrest warrant is issued when probable cause exists to believe an individual has committed a crime. These can be for misdemeanors or felonies and authorize law enforcement to take the individual into custody. Because these warrants are often serious, they are recorded in national databases and can be enforced across state lines. Even if the offense is minor, law enforcement can still arrest the individual if the warrant appears in a database during an interaction.
The National Crime Information Center (NCIC) is a central hub enabling law enforcement agencies nationwide to share and access critical criminal justice information. Operated by the FBI, the NCIC is a vast database that includes details on wanted persons, stolen property, missing individuals, and other criminal justice data. It is a vital tool in the apprehension of fugitives, as it provides real-time access to information about individuals with active warrants, regardless of the issuing state.
State and local law enforcement agencies have ready access to the NCIC, enabling them to check for warrants during routine traffic stops, background checks, or other encounters with the public. Even if you have a warrant in one state, law enforcement in another state will likely be able to see it.
When the police pull you over, they will request your identification. Then, they will likely run your name through a database allowing them to see any active warrants. If this occurs in a state where you are visiting, they will still be able to see your warrants from your home state.
Do Warrants Follow You Across State Lines?
Warrants, particularly arrest and bench warrants, are typically valid across all 50 states. No matter where you go within the U.S., your warrant remains active and could lead to legal consequences if you’re stopped by law enforcement.
Even though a warrant is valid nationwide, the ability of officers from the issuing state to arrest you outside their jurisdiction is limited. Law enforcement officials from one state do not have the authority to cross state lines and apprehend you. Instead, states rely on extradition processes and agreements to enforce warrants issued in one state when the individual is in another.
What Is Extradition After a Warrant Is Discovered?
Extradition agreements between states are a vital mechanism for handling out-of-state warrants. These agreements allow law enforcement in one state to apprehend individuals with outstanding warrants from another state.
If a person is arrested in a different state, the issuing state can request that the individual be extradited to face charges. However, the decision to pursue extradition depends on several factors, including the nature and severity of the crime.
The extradition process begins when the state seeking prosecution issues a formal request to the state where the individual has been located. Legal standards must be met for the request to proceed, including establishing probable cause that the individual committed the offense. Once this threshold is met, an extradition hearing is typically held to allow for a judicial review of the request.
At the hearing, the court examines whether the legal requirements for extradition have been fulfilled and determines whether the individual will be returned to the requesting state. The laws governing these proceedings can vary significantly from state to state, meaning that the approach to extradition may be more lenient or stringent depending on the jurisdiction.
The Uniform Criminal Extradition Act (UCEA) was developed to create uniformity in how states handle extradition. The UCEA provides a framework that permits the extradition of individuals under certain conditions, with 48 states having adopted it. However, each state can interpret and apply these guidelines within its legal framework. For instance, Florida’s Uniform Interstate Extradition Act lays out specific statutes regarding when and how extradition can occur within the state and between other states.
Do States Extradite for Misdemeanors?
If the active warrant is for a felony offense, the police officers will most likely extradite you to the state where the warrant was issued. Then, you will be brought into custody and await the next steps for a trial.
You will most likely not be extradited for a misdemeanor offense warrant unless it is a sex offense. Instead, the misdemeanor warrant can usually be handled quickly with the help of a defense attorney.
Even if a state chooses not to extradite for a misdemeanor, that doesn’t mean law enforcement officers won’t be aware of the warrant. Most states participate in the national law enforcement information-sharing system, the National Crime Information Center (NCIC). This system allows warrants and other criminal information to be shared across state lines, meaning law enforcement in any state can access your warrant, regardless of where it was issued.
Can You Fly with a Misdemeanor Warrant?
In most cases, having a misdemeanor warrant does not prevent you from flying domestically. However, this does not mean you’re entirely in the clear. If you have court-ordered travel restrictions, such as those stemming from probation or bail conditions, flying may violate those orders and result in additional legal consequences.
While TSA agents are not law enforcement officers, they are critical in maintaining airport security. They may notify local law enforcement officers if you are flagged during routine screenings or your name is checked against specific databases.
If your name is flagged, especially on a passenger list that undergoes enhanced screening, you could face questioning or even arrest upon arrival at your destination. This risk increases when flying internationally. Upon re-entry into the United States, U.S. Customs and Border Protection (CBP) is alerted to outstanding warrants during its standard passenger screening. If CBP detects a warrant in their system, you may be detained or arrested upon attempting to re-enter the country, particularly if the warrant involves serious charges or has been flagged for extradition.
What Happens if You Have a Warrant in Another State?
An out-of-state warrant can lead to arrest during routine interactions with law enforcement. Whether you’re stopped for a traffic violation or subject to a background check while applying for a job, law enforcement can access national databases to check for any active warrants, including those issued in other states.
If an officer discovers the warrant, you could be arrested and held while authorities determine whether to extradite you to the issuing state. This action could happen in scenarios as simple as a traffic stop, during which your identification is checked, or even while going through airport security. Even for minor offenses, the warrant remains valid and can trigger legal action at any point.
Addressing an Out-of-State Warrant
If you discover or suspect an outstanding warrant for your arrest in another state, proactively addressing the situation can help you avoid the stress of an unexpected arrest. One of the most effective steps you can take is to consult with a criminal defense attorney, who can guide you through the process and work to resolve the warrant on your behalf.
A lawyer can negotiate with the issuing state’s law enforcement and prosecutors, potentially finding ways to address the warrant without requiring your physical presence or incarceration. In some cases, your attorney may be able to advocate for alternative sentencing options or resolve the warrant without extradition. Voluntarily surrendering with the help of a legal professional often demonstrates good faith and can lead to more favorable outcomes.
Ignoring an out-of-state warrant can lead to long-term consequences, so addressing it promptly with the assistance of a knowledgeable attorney is critical to minimizing legal risks and protecting your rights.
Contact a Criminal Defense Attorney in Florida
If you were recently arrested in Florida after a traffic stop exposed active warrants, contact Hager & Schwartz, P.A. today. We want to help you handle your case so you can get back to business as usual. Call us at (386) 703-9633 to discuss your warrant and situation with our Daytona Beach attorneys.
