If the question is whether local Florida officials can arrest an individual for an out-of-state warrant, the short answer is, yes, they can under certain circumstances.
Arrest warrants issued by law enforcement authorities in one state are not directly valid in other states. This means that law enforcement officials in the state in which the warrant was issued may not cross state lines and arrest the defendant in another state, e.g., Florida, if that is where they are. A Florida lawyer would be able to provide more information.
However, states have interstate extradition agreements, and a warrant may well have been shared by one state with other states. Through these agreements, local Florida law enforcement officials may have the authority under Florida law to arrest the defendant on an out-of-state warrant and detain them until an extradition hearing is held. The defendant is technically held on a charge of being a fugitive from justice.
If a defendant is arrested in Florida because of a warrant in another state, they appear before a local court to determine if the charges from the home state are valid. The judge then decides whether to order that the defendant be extradited to the other state. If extradition is ordered, then law enforcement authorities from the state in which the warrant was issued can legally take custody of the defendant and transport them back to their state for trial.
The Florida judge would also decide whether the defendant should be detained in jail while they wait to be extradited or whether they can be released on an order to appear. In making this decision, the judge considers how serious the criminal charge is, the defendant’s entire criminal record, and whether the defendant has ever failed to appear in court before.
If the defendant is held in jail while waiting to be extradited, the other state has a certain limited amount of time in which to extradite them. If the other state does not act within the time allotted, there is a court hearing to decide if the defendant should be released.
Each state has its own laws and procedures governing the extradition process. While states generally have the right to extradite an individual named in a warrant of any kind, extradition can be costly, especially if the states are located far away from each other. That is why states enter special warrant codes into their warrant databases.
These codes tell law enforcement in other states whether a particular state really wants other states to hold the defendant for extradition if they arrest them or not. Of course, states are more likely to want to extradite defendants who have been charged with serious criminal offenses, i.e., felonies, rather than minor, misdemeanor offenses or infractions.
Of course, a defendant almost always has the option of waiving extradition. This means that the defendant agrees to be extradited as opposed to fighting it. This speeds up the process and means that the defendant is more quickly sent back to the state in which the warrant was issued. A defendant would want a legal consultation before deciding to waive extradition.
If a defendant has a relatively minor infraction or a misdemeanor, such as a charge of driving while intoxicated, the state that issued the warrant does not extradite the defendant because of the expense. But there is no guarantee of this, and the state has the right to ask that the defendant be held for extradition.
Depending on the states involved, it can take quite some time for a warrant in one state to appear in the data banks of another state. It is possible for an individual not to know that there is a warrant for their arrest outstanding in another state as they may have left the state before it was issued. They may never have been notified.
If an individual becomes aware of the fact that there is a warrant for their arrest in another state, they probably should take certain steps right away as follows:
- Contact a criminal defense attorney
- Ask the attorney about a defendant’s rights
- Investigate the warrant to find out all the details, e.g., what criminal charges, if any, are involved, whether some kind of offense is at issue, e.g., violation of probation, what state issued the warrant and what the law is in that state
- Decide whether to surrender and if the attorney advises it, negotiate the terms and conditions.
Can I Get a Driver’s License or a Job if I Have a Warrant in Another State?
In Florida, employers may obtain and consider a job applicant’s criminal record as part of the hiring process. Some states have adopted “fair hiring” or “ban-the-box” laws, but Florida is not one of them.
However, the federal Fair Credit Reporting Act (FCRA) and Florida state law both limit and regulate the use of records of arrests only in employment background checks. Basically, an employer may not use arrest records in making their hiring decisions.
So the fact that a person has an outstanding warrant for their arrest from another state may be a record that an employer cannot rely on in making their hiring decisions. Much would depend on why there is an outstanding warrant for an individual’s arrest outstanding in another state.
Again, generally, Florida law allows employers to use the results of a criminal background check in their hiring process, and they may consider an applicant’s criminal record in decision-making. In fact, Florida law gives employers an incentive to do a complete background check because it can protect the employer from future claims of negligence in hiring.
Florida law does forbid employment agencies from denying an individual the ability to obtain a professional license, certificate or permit unless the individual has been convicted of a felony or 1st degree misdemeanor that is related in some way to the type of the type of work the person would do with the credential.
As for driver’s licenses, a valid driver’s license from another state in the U.S. may be exchanged for a Florida driver’s license. Of course, a person’s driving record in the state in which they have a license is checked before an individual is given a Florida license. If an individual has outstanding citations or anything on their driving record that raises questions about their ability to drive, they would then be required to take Florida’s written test.
However, if an individual’s driving record in the other state is clear, they would not be required to take a written test. They would have to take the vision test. If a Florida examiner questions an individual’s ability to safely operate a vehicle, they might require them to take a written or driving test.
Another possible complication could arise if the state in which the warrant was issued suspends the defendant’s driver’s license because of the warrant. The suspension could be entered into the interstate database. Legally, it is supposed to trigger a suspension in other states as well if the driver in question has or tries to obtain a driver’s license in another state. In this way, an outstanding warrant in another state could prevent an individual from getting a driver’s license in Florida.
If I Am Arrested on an Out-Of-State Arrest Warrant, Where Will My Case Be Held?
If the arrest warrant relates to a misdemeanor criminal offense, i.e., crimes punishable by up to 1 year in jail, most states would allow an individual to hire a local criminal defense attorney in Florida to handle the case in Florida. This would mean that the individual does not have to appear in court and the issue may be resolved locally in Florida.
If the arrest warrant relates to a felony criminal offense, Florida law enforcement would arrest the defendant and detain them in jail. They would notify law enforcement in the locality in which the warrant is outstanding of the fact that the defendant is in custody. Then, it would be up to the law enforcement agency that issued the warrant to seek extradition or not.
What Are the Penalties for Violating an Out-Of-State Warrant?
There is no penalty or punishment per se for failing to turn oneself in when there is a warrant outstanding for one’s arrest. However, there are clear advantages to doing so. For one thing, an individual improves the perception that a court may have of them if they surrender. This might have a favorable influence on the actions that a court and/or a prosecutor might take in the future in the individual’s case.
If a defendant decides to turn themselves in, they get to control the time and place of their surrender. They avoid the risk of an unannounced arrest that could happen at their home or at their place of work. A defendant’s lawyer might be able to arrange when and where the surrender happens and exactly what the process would entail.
Again, if a defendant involves an attorney in planning their surrender, the attorney can guide them through the process and make sure it unfolds as favorably as possible. An attorney is able to intervene immediately if there are issues and can work to make the process work as well as is possible.
Do I Need an Attorney for Assistance With an Out-Of-State Arrest Warrant Issue?
If you know that a warrant for your arrest is outstanding in another state, you want to consult with a Florida criminal defense attorney. It is better to deal with the warrant and not to wait until you are stopped by the police for a minor traffic offense and then end up in jail because they find that there is a warrant for your arrest outstanding in another state.
The best time to deal with the problem is now. LegalMatch.com can put you in touch with an experienced criminal defense attorney who can devise a strategy for you to deal with the problem and put it behind you.
