If I have warrents in another state, what’s the likelihood that they would extradite me?

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If I have warrents in another state, what’s the likelihood that they would extradite me?

What steps do I need to take to get them taken care of?

Asked on December 6, 2012 under Criminal Law, Mississippi

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have warrants in another state, the likelihood that they will extradite you depends on the level of the offense, the agreement of your current state with the other state, and any policies of the other state. 

Some states have specialized agreements with other states regarding the extradition of defendants.  The degree of paperwork required to perfect an extradition will affect whether or not the state who is seeking your return wants to puruse extradition.  If the paperwork is extremely cumbersome, some states are less willing to seek extradition.

Because extradition can be tedious and full of extra paperwork, some jurisdictions tend to reserved extraditions for felonies or higher lever felonies.  This will depend on the policies and resources of the county where your warrants originated.  If your warrant is for a  misdeanor offense, then the chances are not very likely that the state will want to extradite you.  If you are looking at a higher degree felony, then there is a greater chance they will seek extradition.

The two main ways to resolve a warrant are disposition of the underlying case or getting arrested.  You may be required to appear in person for a criminal charge.  Often defendants face a "catch 22", because they want to resolve their criminal case, but they have a fear of the active warrant.  To avoid service of the warrant, some defendants have a defense attorney make advance calls to try to resolve the criminal case before they are arrested.  Absent one of the two options listed above (arrest or dismissal), retaining an attorney for the limited purpose of making inquiries is usually the final option available.


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