As legal professionals, we often encounter individuals facing the complexities and anxieties surrounding warrants, particularly those issued in states other than Maryland. It’s a situation that can feel overwhelming, with many unknowns. My goal is to provide clarity on what an out-of-state warrant means, what your rights are, and what steps you can take to address it.
Understanding Warrants: The Basics
First, let’s establish a foundation by defining what a warrant is. In its simplest form, a warrant is a legal order issued by a court, granting permission for a specific action. These actions can vary widely, but they typically involve law enforcement.
Types of Warrants
Here’s a breakdown of common types of warrants you might encounter:
- Search Warrants: These authorize law enforcement to search a specific location (a home, business, vehicle, etc.) for evidence related to a crime. A judge issues a search warrant based on “probable cause,” meaning there’s a reasonable belief that evidence of a crime will be found at that location.
- Arrest Warrants: This is perhaps the most commonly recognized type of warrant. It authorizes law enforcement to arrest a specific individual. Like search warrants, arrest warrants require probable cause – a reasonable belief that the person named has committed a crime.
- Execution Warrants: These are specific to states with the death penalty. An execution warrant authorizes the carrying out of a death sentence.
- Possessory Warrants: These warrants direct law enforcement to deliver specific items to the person named in the warrant.
- Warrants of Execution: These allow law enforcement to seize property to satisfy a debt or judgment.
- Warrants of Delivery: Similar to possessory warrants, these compel the delivery of specific goods or property.
- Warrants of Committal: These warrants order that a person be held in custody, typically in a jail or prison.
What is an Out-of-State Warrant?
An out-of-state warrant, often referred to as a “bench warrant” or a “fugitive warrant,” is an arrest warrant issued in a state different from where the person named in the warrant is currently residing. For example, if a warrant was issued for your arrest in Virginia, but you now live in Maryland, that’s considered an out-of-state warrant. Maryland might refer to you as a “fugitive from justice” in this situation.
The Risk of Arrest
It’s crucial to understand that having an out-of-state warrant carries the risk of arrest. If you’re stopped by law enforcement in Maryland and they run your information, the warrant from the other state will likely appear in their system. The decision to arrest you will depend on several factors, including:
- The Reason for the Warrant: What crime are you accused of committing?
- The Nature of the Crime: Was it a minor offense or a serious felony?
- The Policies of the Issuing State: Some states are more aggressive in pursuing extradition than others.
Important: Being honest with law enforcement is always the best approach. Trying to evade or mislead them can only worsen your situation.
The Extradition Process
If you are arrested in Maryland based on an out-of-state warrant, the next question is extradition. Extradition is the legal process by which one state (Maryland, in this case) returns a person to another state (the “issuing state”) to face criminal charges.
Several factors determine whether extradition will occur:
- The Seriousness of the Crime: As mentioned earlier, more serious crimes (violent felonies, for example) are more likely to result in extradition.
- The Distance Between States: Extradition can be expensive. The further away the issuing state is, the less likely they may be to pursue extradition for less serious offenses.
- The Issuing State’s Resources and Policies: Some states have dedicated extradition units and are more proactive in pursuing fugitives.
Your Rights in an Extradition Hearing
After an arrest on an out-of-state warrant, you’ll typically appear before a commissioner, followed by a judge within a few business days. This hearing is a crucial opportunity to understand your rights and options. You have the right to:
- Legal Representation: This is paramount. An attorney can advise you on the specifics of your case, explain the extradition process, and represent you in court.
- Contest Extradition: You can challenge the extradition order. Common grounds for contesting extradition include:
- Mistaken Identity: If you believe you are not the person named in the warrant.
- Lack of Probable Cause: If you believe the original warrant was issued without sufficient legal basis.
- Procedural Errors: If the extradition process is not being followed correctly.
- Waive Extradition: You also have the option to waive your right to an extradition hearing. This means you agree to be returned to the issuing state. While this might seem counterintuitive, it can sometimes be the best course of action, especially if you want to resolve the matter quickly and believe you can effectively defend yourself in the other state.
Important Considerations Regarding Waiving Extradition:
- If you waive extradition in Maryland, you can be held in custody for up to 10 days before being transferred to the other state.
- You are not eligible for bail during this 10-day period.
- You may not necessarily be extradited to the specific county where the alleged crime occurred; you could be extradited to a neighboring county.
Why Legal Counsel is Essential
Out-of-state warrants are complex. The laws and procedures surrounding them can vary significantly between states. Navigating this process alone can be daunting and can lead to unfavorable outcomes.
Here’s how we can help:
- Free Consultation: We offer a free initial consultation to discuss your case and answer your questions.
- Case Evaluation: We’ll thoroughly review the details of your warrant and the alleged crime to assess your legal options.
- Representation in Court: We’ll represent you in extradition hearings, arguing on your behalf to protect your rights.
- Negotiation with the Issuing State: In some cases, we can negotiate with prosecutors in the other state to resolve the matter without extradition, potentially through a plea agreement.
Taking Proactive Steps
If you suspect you may have an out-of-state warrant, don’t wait for law enforcement to find you. Here are some proactive steps you can take:
- Consult with an Attorney: This is the most important step. An attorney can help you determine if a warrant exists and advise you on the best course of action.
- Contact the Court in the Other State: If you know where the warrant might have been issued, contact the court to inquire about its status and the charges against you.
- Gather Information: Collect any documents or information related to the underlying case. This will be helpful to your attorney.
Our Commitment to You
We understand that facing a warrant, especially one from out of state, can be incredibly stressful. Our primary goal is to help you get back on track. Warrants can significantly impact your personal and professional life, and regaining trust and credibility takes time and effort. While change rarely happens overnight, we believe that with dedicated legal representation and a willingness to address the situation head-on, you can find a positive resolution and move forward with your life. In fact, you could find yourself in a far better situation than you could have ever anticipated. Call us today to schedule your consultation.
