Yes. An out-of-state felony arrest warrant typically authorizes law enforcement personnel to arrest you in your home state. Depending on the seriousness of the felony offense, the police may even work with officers in your home state to locate you and facilitate the arrest.
Depending on the facts of the case, you could be extradited back to the state that issued the warrant once an arrest takes place.
Note that like felony warrants, police can arrest you in your home state if you are facing an out-of-state warrant for a misdemeanor. Law enforcement, though, will typically not try to extradite you in these cases. But you could face:
- a fine, or
- jail time.
1. Can you be arrested in another state when facing a felony warrant?
Most often, yes. There are times when people might be facing out-of-state arrest warrants in felony cases. In these situations, the criminal laws of most jurisdictions say that a police officer in the state you are located in may arrest you for an out-of-state offense.
Note that an arrest warrant typically gives law enforcement officers the authority to arrest a person in any location, including different states. Further, in serious felony cases (such as murder or rape case), law enforcement agencies in the state that issued a felony warrant may coordinate with officers in another state to make an arrest.
If you are arrested in another state, the arresting officers might initiate an extradition process whereby you would be transported back to the state that issued the warrant.
“Extradition” is a legal term that means the surrender by one state to another state of a person accused or convicted of a misdemeanor or felony offense.1
The extradition process is subject to several state and federal laws.2 For example, many states say that you are entitled to a hearing before extradition takes place in order to contest the process.3
2. What about an arrest warrant?
As with an outstanding warrant for a felony, a police officer in your home state can arrest you if you are facing an out-of-state warrant for a misdemeanor offense (for example, DUI).
However, you will probably not face extradition for criminal charges or warrants involving misdemeanors. This is largely because misdemeanors:
- are less serious than felony offenses, and
- carry less severe penalties.
In lieu of extradition, your home state could fine you or a judge could impose jail time.
3. Do arrest warrants expire?
Generally, no. Once an arrest warrant is issued (either for a felony or misdemeanor offense), a law enforcement officer has the authority to arrest you.
The arrest can occur right after the warrant is issued, or months or even years afterward. Many arrests take place after a peace officer makes a routine traffic stop following a person’s traffic violation.
Note that before an arrest takes place, the authorities and employers can learn if you are subject to an arrest warrant by conducting a background check.
Note, too, that the criminal procedure laws of most states say that a judge can issue an arrest warrant only once either:
- a district attorney or peace officer shows probable cause that you committed a crime, or
- a grand jury find probable cause that you committed a crime.4
Arrest warrants are different than search warrants. While arrest warrants authorize law enforcement to arrest you, search warrants authorize the police to search:
- you,
- your residence,
- your vehicle,
- a place of business, or
- any other specified area suspected of containing evidence of illegal activity.
4. Can a criminal defense attorney help?
Yes. A criminal defense lawyer can provide invaluable assistance in criminal cases involving arrest warrants.
For example, a defense attorney can check your criminal record and tell you if you are subject to:
- an arrest warrant,
- a search warrant, or
- even a bench warrant.
If there is a warrant, legal counsel can help you try and:
- clear the warrant (for example by securing a court date/court order or making a court appearance), or
- work with the authorities to comply with it.
Note that most defense lawyers and law firms provide free consultations. A free consult means you can obtain legal advice at no cost.
Legal References:
- Black’s Law Dictionary, Sixth Edition – “Extradition.”
- See, for example, the Uniform Criminal Extradition Act (UCEA).
- See, for example, Tobin v. Casaus (1954) 128 Cal.App.2d 588.
- See, for example, Florida Statutes 901.02.
