What Happens if You Get an Out of State Warrant for Your Arrest?

Finding out there’s a warrant for your arrest is stressful enough. However, when it’s from another state, the situation becomes even more complicated. An out-of-state warrant can sometimes follow you across state lines, possibly leading to an arrest in your home state or anywhere else in the country.

Learning about what an out-of-state warrant means as a defendant and what your legal options are can help you respond strategically and avoid making the situation worse.

What Is an Out-of-State Warrant?

An out-of-state warrant is an arrest warrant issued by a court or law enforcement agency in one state that can be enforced in another. It can arise in various circumstances, such as:

  • You are suspected of committing a crime in another state
  • You missed a required court appearance
  • You violated the terms of probation

Once issued, the warrant is entered into the National Crime Information Center (NCIC) database. This is a nationwide system accessible to all law enforcement agencies.

What Are the Types of Out-of-State Warrants?

There are two main types of warrants that could lead to an interstate arrest:

  • Arrest warrants: Issued when someone is suspected of committing a crime
  • Bench warrants: Issued when someone fails to appear in court or violates a court order

Getting prompt legal advice from a defense lawyer is crucial if you’re facing any kind of warrant for your arrest.

Can You Be Arrested in Another State?

Yes. If there’s a valid warrant for your arrest, law enforcement in another state could possibly take you into custody. Whether or not you’ll be extradited (meaning returned to the state that issued the warrant) depends on the type and seriousness of the alleged crime.

For example:

  • Felony warrants almost always lead to extradition
  • Misdemeanor warrants may or may not, depending on the cost and resources involved
  • Traffic and low-level offenses are less likely to result in extradition, though the warrant still appears on your record

If you are arrested, you’ll be held until authorities from the issuing state decide whether to retrieve you. This process can take time (sometimes weeks), depending on how far away the other state is and how quickly they respond.

How the Extradition Process Works

Extradition refers to the legal process of transferring a person charged with a crime from one state to another for prosecution. It is governed by the U.S. Constitution’s Extradition Clause and the Uniform Criminal Extradition Act (UCEA), which most states, including Ohio, have adopted.

The basic steps include:

  • Verification of the warrant: Local law enforcement confirms that the warrant is valid and active.
  • Arrest and detention: You are arrested and may be held in a local jail while awaiting extradition.
  • Governor’s warrant: The governor of the state requesting extradition issues a formal demand to your current state.
  • Extradition hearing: You have the right to challenge the extradition, usually with the help of an attorney.
  • Transfer: If the court approves, you are transported back to the issuing state to face your charges.

While you cannot generally avoid extradition for a valid felony warrant, your lawyer may be able to negotiate your surrender and request a bond to minimize the time you spend in custody.

Contact a Port Clinton Criminal Defense Attorney for Help With an Arrest Warrant

If you’ve been notified of an out-of-state warrant for your arrest in Ohio, don’t wait until you’re detained to take action. A criminal defense attorney can help you understand your rights and work toward a resolution before extradition becomes necessary. 

Contact Wisehart Wright Trial Lawyers to schedule a free consultation with an experienced Port Clinton criminal defense lawyer today to discuss your situation.

For more information, contact the Sandusky criminal defense  law firm of Wisehart Wright Trial Lawyers to schedule a free initial consultation.

We have five convenient locations in Ohio: Sandusky, Port Clinton, Vermilion, Norwalk, and Huron.

Wisehart Wright Trial Lawyers – Sandusky
502 W Washington St,
Sandusky, OH 44870

(419) 625-7770

Wisehart Wright Trial Lawyers – Port Clinton
132 Madison St,
Port Clinton, OH 43452

(419) 871-3995

Wisehart Wright Trial Lawyers – Vermilion
1513 State Rd,
Vermilion, OH 44089

(440) 967-6136

Wisehart Wright Trial Lawyers – Norwalk
13 Whittlesey Ave,
Norwalk, OH 44857

(419) 863-5922

Wisehart Wright Trial Lawyers – Huron
202 Cleveland Rd W unit 1
Huron, OH 44839

(419) 827-5884