What Happens If You Get an Out-of-State Warrant for Arrest?
An arrest warrant is a legal order issued by a court. It authorizes law enforcement officers to take you into custody and detain you. Generally, courts issue arrest warrants when a person is suspected of committing a crime. However, courts may issue arrest warrants if a person violates their probation or fails to appear in court when ordered to do so.
If you have an arrest warrant issued by an Alabama court, any law enforcement officer in the state can take you into custody. However, if another state issues an arrest warrant, there are some restrictions on what can happen.
Important things to understand about out-of-state arrest warrants in Alabama include:
Police Officers Cannot Cross State Lines To Exercise a Warrant
Arrest warrants issued in other states cannot be executed by law enforcement agents of the state where the arrest warrant was issued. However, that does not mean you cannot be taken into custody for an out-of-state warrant.
You Can Be Arrested in Alabama for an Out-of-State Warrant
States share information about arrest warrants with each other. Therefore, Alabama police officers can see that you have an outstanding warrant in another state if they pull your information. For example, if you are pulled over for a traffic violation and the officer runs your name, they would see that Mississippi has an outstanding arrest warrant for drug crimes, DUI, or other offenses.
Alabama law authorizes officers to take individuals into custody if they have an outstanding out-of-state arrest warrant. The person is held pending the extradition process.
The Extradition Process
The state that issued the arrest warrant can begin the extradition process to have you moved back to the state that issued the warrant. At a hearing, an Alabama judge determines if the arrest warrant is valid and decides whether to hold you in jail pending extradition or release you with orders to self-surrender. The seriousness of the charges, your criminal history, and other factors impact the judge’s decision.
Whether the other state decides to extradite you depends on many of the same factors. The extradition process can be lengthy and expensive for another state to pursue. If you are charged with a misdemeanor, you may be able to pay a fine and resolve the matter without going back to the other state. However, if you are charged with a felony, sex crime, or violent crime, you are likely to face extradition.
You can waive extradition, which means you will not dispute being taken back to the other state. However, you should always consult a criminal defense lawyer before waiving extradition.
Habeas Corpus
If you are arrested in Alabama on an out-of-state arrest warrant, you may want to seek a writ of habeas corpus. A writ of habeas corpus allows you to challenge whether it is lawful for Alabama to keep you in custody.
In this scenario, you assert your right to due process by demanding to be brought before the court. It forces the state to show good cause for arresting you and a lawful reason to continue your detention pending the extradition process.
What Should I Do if I Am Arrested on an Out-of-State Warrant in Alabama?
If a police officer informs you that you are being arrested based on an outstanding arrest warrant from another state, do not resist arrest. Resisting arrest can escalate the situation and result in additional criminal charges.
Instead, exercise your right to remain silent. Do not try to explain your side of the story or argue whether the arrest warrant is valid. Stay silent, except when asking for a criminal defense attorney.
You need to understand your rights if you are arrested in Alabama on an out-of-state charge. You have rights under federal and state laws, including the right to fight detention and extradition.
Seek legal counsel from an experienced criminal defense lawyer. An attorney can analyze the details of the arrest warrant and advise you of your legal rights and options for fighting the arrest. A local attorney can help locate an attorney in the other state if necessary.
In some cases, your attorney may advise you to fight extradition. However, it might be better for you to negotiate a surrender arrangement with the other state.
Get a Free Case Review With an Experienced Defense Lawyer
Dealing with an arrest warrant issued in another state is a complex legal matter. It is best to have legal advice as soon as possible. Contact our criminal defense lawyers for a free consultation if you have questions about an arrest warrant.