If the question is whether local New York 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., New York, if that is where they are. New York lawyers 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 New York law enforcement officials may have the authority under New York 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 New York 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 New York 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 or not a particular state really wants other states to hold the defendant for extradition if they arrest them. 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.
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 their rights
- Investigate the warrant to find out all the details, e.g., what criminal charges, if any, are involved, whether some other 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 of their surrender.
How Can I Find Out if I Have a Warrant in Another State?
One good way in which an individual can find out if there is a warrant for their arrest in another state is by asking a New York criminal defense attorney to do a warrant look-up. Attorneys have access to databases that are not accessible to the public.
Of course, an individual would have to be able to tell the attorney the state and preferably the county or counties in which they think the warrant would have been issued. If the individual can provide the attorney with this information, they would be able to supply them with details concerning whether or not there is a warrant outstanding.
They could also tell them whether the warrant has been shared with New York law enforcement and if they are at risk of being arrested in New York. The attorney could also advise them about how best to deal with the warrant.
When law enforcement issues an arrest warrant, the information is entered into the National Crime Information Center (NCIC) database. Law enforcement in all states use this database to access information about warrants in other states. If a state that did not issue the warrant should arrest the fugitive, the arresting authorities notify the first state that issued the warrant.
New York state extradites individuals whose extradition is requested by another state if the request is valid by New York standards. The state that requests extradition must demonstrate that there is probable cause to believe that a crime has been committed and that the individual whose arrest is sought committed it.
This probable cause can be established through documentation such as an arrest warrant or a criminal charging document. New York courts have consistently ruled that the documents used to establish probable cause for arrest are vital for determining whether an extradition request is valid and should be honored by New York.
If the document offered is determined to be adequate, the governor of New York has the authority to issue a warrant for the arrest of the individual whose extradition is requested. The governor’s warrant authorizes law enforcement to arrest and detain the individual while they await extradition.
The individual has the right to a habeas corpus hearing, in which they may challenge the legality of their detention and their extradition. However, the scope of this hearing is limited, focusing primarily on the identity of the individual and the validity of the extradition documents.
An individual may also decide not to fight extradition, but rather to waive it and all themselves to be transported to the authorities in the state where the warrant was issued.
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Can I Get a Driver’s License or a Job if I Have a Warrant in Another State?
An individual who moves to New York to live must get a New York driver’s license within 30 days. Generally, a driver cannot have both a New York driver’s license and a driver’s license from another state simultaneously.
An individual may get a New York license by exchanging their current, valid license from another U.S. state for a New York license if their existing license meets the following requirements:
- Shows the driver’s photograph
- Is valid or expired less than 24 months earlier
- Has been issued at least 6 months before applying for a New York license
- Shows the date on which it was issued
If the out-of-state driver’s license does not show the date it was issued, the driver can get a certified driver’s license record or letter from the state that issued the license that indicates the date of issue. If the driver cannot get a letter or abstract, they must apply for a new, original New York driver’s driver license.
If a driver with an out-of-state driver’s license does not have any criminal convictions or suspensions or revocations of their driver’s license on their record, they may well be able to get a New York driver’s license through the standard process, even if there is a warrant for their arrest outstanding in the other state.
Warrant lawyers would be able to give specific advice about how an individual who moves to New York from another state would be able to get a New York driver’s license if they have an outstanding warrant in another state.
In New York, a job applicant does not have to disclose the fact that there are arrests only and not criminal convictions on their record in New York or elsewhere. So, theoretically, an employer may well not discover that an applicant has a warrant outstanding for their arrest if they have not been convicted of any crime in connection with the warrant.
However, convictions that have not been sealed must be disclosed, and if a warrant is related to a conviction, it could present a problem for the person who is the subject of the warrant.
As noted above, an individual may be better off in the long run dealing with the warrant and then they would not have to worry about it when they apply for jobs.
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 New York to handle the case in New York. This would mean that the individual does not have to appear in court, and the issue may be resolved locally in New York.
If the arrest warrant relates to a felony criminal offense, New York 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 possible.
Do I Need an Attorney for Assistance With an Out-Of-State Arrest Warrant Issue?
If you discover that there is a warrant for your arrest outstanding in another state, you want to consult a New York criminal defense attorney. LegalMatch.com can put you in touch with an experienced attorney who can find out if there is a warrant and what it is for. They can negotiate a way for you to deal with it and relieve you of future worries and uncertainty.
