In the State of Texas, if an individual has an out-of-state arrest warrant, they may be arrested in Texas through an extradition process. This process requires the other state to request the Governor of Texas to issue a Governor’s Warrant in order to apprehend the individual and bring them back to face charges in the other state.
An individual can contest the extradition in court. An individual is arrested when they are taken into law enforcement or police custody and are no longer free to leave.
The arresting entity must have probable cause to believe that a crime was committed and that the individual being detained is responsible. Arrest warrants are official court documents issued by criminal law judges or magistrates.
These documents outline the criminal charges in addition to the name and description of the individual being sought for the crime. This document allows law enforcement officials to arrest the individual who is accused of committing the offense.
An out-of-state arrest warrant is issued by a criminal law magistrate or judge in a state that is not where the individual resides or was arrested. Usually, valid arrest warrants allow for arrests anywhere within the U.S.
If an arrest warrant was issued in the past, it may be referred to as an outstanding warrant. These are valid arrest warrants, as the individual has not yet been arrested.
An individual is not usually notified if an out-of-state warrant is issued for their arrest. In some states, however, an individual can do a search to find out if they have a warrant for their arrest.
An individual may be able to find this information on an official warrant look-up website. These websites are usually run by local law enforcement, so they will only contain information about the specific city or county.
Specific examples of when out-of-state warrants are often issued include:
- Failure to appear in court
- Failure to attend jury duty
- Violating the terms of probation
- Owing outstanding court fines
- Failure to pay child support
- Being accused of committing a felony crime
For more information on out-of-state warrants in Texas, an individual should have a legal consultation with a Texas lawyer.
Can I Get a Driver’s License or a Job if I Have a Warrant in Another State?
Having a warrant might have an effect on an individual’s ability to obtain a driver’s license or employment in their state or in another state.
Driver’s license
If an individual has a warrant in another state, they will need to contact the Department of Motor Vehicles (DMV) in both their home state and the state where their warrant was issued. There are states, including Texas, that allow their DMVs to check for arrest warrants.
If an individual has an outstanding warrant, they may not be able to renew or obtain a Texas driver’s license. In addition, an individual may be prohibited from registering any vehicles until they resolve their warrant issue.
A state DMV may also find out about out-of-state warrants through the Driver License Compact (DLC), and the National Driver Register (NDR). There are 45 states involved in the DLC agreement.
Under this agreement, an incident will be reported to the DMV in the driver’s home state. That home state will then treat the offense as though it was committed in that state instead of another state. In addition, states that belong to the DLC will enforce driver’s license holds from other states.
The NDR is a national database where states report drivers who have lost their driving rights or who have been convicted of a serious traffic violation. This will help prevent an individual who has a suspended driver’s license in one state from trying to go to another state to get a new driver’s license.
In most situations, if there is a warrant out for an individual’s arrest, whether it is in their home state or another state, they will not be able to get a new driver’s license until the warrant is resolved. Depending on the jurisdiction, if a warrant is issued for an individual’s arrest, their driver’s license may be suspended or revoked.
Employment
A warrant will not appear on an individual’s background check. It may, however, appear in court record background searches.
This means that it might be possible to obtain employment when an individual has an active warrant. They should be aware, however, that they can be arrested at any time, including while they are working.
Because of this, the best course of action is for an individual to resolve any warrant issues as soon as possible and complete any steps required to get their warrant cleared.
If I Am Arrested on an Out-Of-State Arrest Warrant, Where Will My Case Be Held?
In most situations, if an individual is arrested on an out-of-state arrest warrant, their case will be processed in the state in which the crime was committed and where the warrant was issued. If an individual is arrested in a state that is not the state in which the warrant was issued, they may be sent to the state where the crime was committed and the warrant was issued.
This process is called extradition. The Uniform Criminal Extradition Act allows an individual to be extradited in any state when the crime may include a penalty of at least one year in jail.
It is more common for extradition to occur in felony cases, for example, murder. If an individual is facing extradition, they will be able to have a court hearing, called an extradition hearing.
If an individual has any questions about Texas extradition or the Texas criminal case process, they should reach out to a local Texas lawyer.
What Are the Penalties for Violating an Out-Of-State Warrant?
If an individual violates an out-of-state warrant in Texas, they may face arrest, extradition, or other penalties. If an individual ignores a warrant, they may face arrest and additional penalties.
If the individual appears before a magistrate, they may have to post bail. If they do not post bail, they may be incarcerated until the governor of the state from where they fled requests them.
If a defendant is not located in Texas, they can be extradited back to the state. This process is often expensive and is typically only used in felony cases.
Fugitives can be held for up to 90 days on fugitive warrants in Texas. If they are not picked up within that time, they have to be released.
If an individual’s original offense was a felony and they fail to appear, it will be a third-degree felony. If the original criminal offense was a Class A or Class B misdemeanor and they do not appear, it will be a Class A misdemeanor.
Violating the Uniform Criminal Extradition Act may also serve as the basis for a federal civil lawsuit. In order to avoid these consequences, an individual should consult with a criminal defense attorney who can help them address the warrant quickly.
Do I Need an Attorney for Assistance With an Out-Of-State Arrest Warrant Issue?
An individual may be able to resolve their out-of-state arrest warrant issue by turning themselves in or completing the associated requirements, such as paying child support that they owe. This process, however, may be complicated, as out-of-state warrants can be confusing to understand.
If you have an out-of-state arrest warrant issue, you may face jail time, depending on the underlying charges. It is very important to reach out to a Texas criminal defense attorney who can help you understand the process, including the applicable laws, and represent you during any court appearances.
You can submit your out-of-state warrant question or concern on the LegalMatch website in as little as 15 minutes at no cost. Once you do, in around 24 hours, you will get responses from attorneys near you who can help you with your out-of-state warrant issue and ensure your rights are protected during the resolution process.
