California operates under federal law when dealing with out-of-state arrest warrants. This is true also for every other state. When an individual has a warrant issued by another jurisdiction, then that state will often request assistance in locating and extraditing that individual who is wanted for alleged crimes.
Addressing an out-of-state warrant necessitates a careful balance between constitutional rights, state autonomy, and interstate cooperation. As such, California is guided by the United States’ Constitution’s Extradition Clause.
Specifically, Article IV, Section 2, and the federal Extradition Act, which is found at 18 U.S.C. § 3182. Those two laws state that states are obligated to return individuals who are accused of crimes and have fled across state lines. California adheres to those laws and principles, affirming the belief that accused persons must face justice, regardless of where alleged criminal offenses have occurred.
When an individual with an out-of-state warrant is located in California, local law enforcement may choose to detain the individual. This will typically happen after a routine background check or notification from another state. Upon their arrest, an accused person has the right to a prompt court hearing. At that hearing, a judge will review the validity of the warrant and ensure it aligns with legal standards.
Can I Get a Driver’s License or a Job if I Have a Warrant in Another State?
Obtaining a driver’s license or securing employment in California while having an active warrant issued by another state can be challenging. This is because warrants often trigger legal and administrative consequences for the person that the warrant was issued for.
It is important to note that California participates in the Driver License Compact (“DLC”), which is an agreement among most states to share information about driving offenses and violations. As such, if you have an active warrant, particularly one related to a criminal or serious traffic offense, it could surface during the application process for a license.
The California Department of Motor Vehicles (“DMV”) may then flag the warrant and either delay or deny your application until the issue is resolved. When it comes to employment, many employers will conduct background checks as part of the hiring process.
If a warrant appears on your criminal record, it could affect your eligibility for certain employment positions. This is especially true for positions that require security clearances or involve sensitive responsibilities. However, California does have “ban the box” laws that limit when employers can inquire about criminal records. Those laws are aimed at providing fair opportunities.
Addressing any and all out-of-state warrants proactively is almost always your best course of action. Resolving out-of-state warrants can prevent complications with both the DMV and securing employment. Setting up a legal consultation with a California lawyer could help you determine your best course of action to get a driver’s license or more easily secure employment.
If I Am Arrested on an Out-of-State Arrest Warrant, Where Will My Case Be Held?
If you are arrested in California on an out-of-state arrest warrant, your case will initially be handled in the California county where your arrest took place. The initial legal proceedings that take place will focus on addressing the extradition request from the state that issued your warrant. This means they will not address the underlying criminal charges.
The following is an outline of the arrest and hearing process for an out-of-state arrest warrant:
- Initial Hearing in California: Once again, after your arrest, you will appear before a local judge in California
- The court will then review your out-of-state warrant and ensure the necessary legal documentation has been provided to them and determine whether the extradition process will proceed
- Extradition or Waiver: If you waive your extradition, you will agree to return voluntarily to the state that issued the warrant, and California will transfer custody to that state
- If you contest your extradition, the court will then schedule a hearing to decide whether you should be sent to the requesting state
- As noted above, the proceedings in California will be limited to verifying the warrant’s legality, not debating the merits of the original charges
- Transfer to the Demanding State: Once the court approves your extradition, or if you waive it, your case will then be transferred to the state where your warrant originated
- That state will then handle the criminal charges being brought against you
Importantly, California’s role is procedural and will be focused on your extradition. There will be no California criminal case process; instead, the substantive legal case will ultimately be heard in the state that issued the arrest warrant.
What Are the Penalties for Violating an Out-Of-State Warrant?
Violating an out-of-state warrant can lead to a range of significant legal and administrative consequences. Although California itself does not enforce penalties specifically for ignoring out-of-state warrants, the impact of having such a warrant can create many challenges in your life.
First, If local law enforcement in California becomes aware of an active out-of-state warrant, whether through routine police interactions, traffic stops, or background checks, then you may be subject to arrest.
Then, once you’re detained, you could then face extradition proceedings, which involve determining whether or not you should be transferred to the state that issued the warrant. Arrests under these circumstances are procedural and specifically designed to facilitate the cooperation required by federal law.
Further, failure to address an out-of-state warrant can also result in additional legal problems. Many states impose further penalties for evading a warrant. For instance, if the original warrant stems from a missed court date, you may face new criminal charges for failing to appear. These charges often carry their own fines or jail sentences.
Additionally, ignoring court orders or warrants can also lead to contempt charges, which may result in additional criminal penalties, such as imprisonment or substantial fines. These added criminal charges can worsen your legal situation in the issuing state.
An active warrant can trigger various administrative repercussions, such as suspension or revocation of your driving privileges in California. This is particularly likely if the warrant is tied to a traffic violation or other motor vehicle-related offense.
As noted above, many employers in California conduct background checks. An active warrant could appear during the hiring process. Even though California’s “ban the box” laws aim to give applicants with criminal histories a fair chance, certain jobs might still remain inaccessible to individuals with unresolved legal issues.
Finally, all of these legal proceedings, fines, and potential incarceration can result in significant financial strain to you. You may also face difficulties traveling, especially if your warrant has been entered into national databases that could alert authorities at airports or other transit points.
Do I Need an Attorney for Assistance With an Out-Of-State Arrest Warrant Issue?
If you have an active warrant in California, whether it is for a felony or another legal issue, it is strongly advised that you consult with a California criminal defense attorney that handles warrants and related legal matters.
Consulting a professional early on can be a critical step in managing the warrant and mitigating potential consequences. LegalMatch can assist you with arranging an initial legal consultation with a local California lawyer near you.
A lawyer with experience dealing with California’s warrant procedures can guide you through the state’s unique laws and legal requirements. They can evaluate your specific situation to ensure you meet eligibility criteria for resolving the warrant. For instance, they can help you address any outstanding fines, fulfill your sentencing conditions, or prepare for potential court appearances.
An experienced attorney can also help you avoid common pitfalls by providing you with thorough assistance with all necessary legal paperwork. This may include gathering essential court records, filing motions to quash or recall the warrant, or submitting documentation to the appropriate judicial authorities.
Finally, your attorney can represent you in any court hearings related to the warrant. This means that they can negotiate with prosecutors, address concerns raised by the court, or present evidence of compliance with the legal requirements of the court and your warrant. Importantly, professional and competent representation can significantly improve your chances of a favorable outcome.
