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Posted on July 3, 2013 by Law Office of Brett A Podolsky
An arrest is a stressful thing for anyone to go through. Unfortunately, studies show that nearly one-third of all Americans will be arrested at least once before they turn 23. This is a damning statistic, but it doesn’t really properly signify the difficulties that a person faces after an arrest. These challenges can become even greater if a person has an out-of-state warrant for their arrest. In these cases, there are a few things that every person should know.
The Charges Won’t Just Go Away
A person living in Georgia may be arrested for DWI while in Texas. It’s true that it would be difficult to show up in court to fight the charge after being released on bail, but that doesn’t mean that a person can just ignore the charges. The state where an alleged crime is committed has full authority to try a person, and this authority remains even if that individual goes back to their home state.
Another State Will Arrest You
Your home state won’t hesitate to arrest you for a charge in a separate state. The state that you live in most likely will not protect you from the repercussions of an out-of-state crime that you’re charged with. The Federal Rules of Criminal Procedure state that an arrest, regardless of where the warrant was sworn out, can be affected anywhere in the country.
Where the Trial Will Take Place
Even if you’re arrested over 1,000 miles away from where the warrant was sworn out on you, you will likely be tried in the locale where the warrant originated. This means that you will be extradited from your home state (or wherever you happen to be when arrested) and taken back to the state that’s charged you with a crime.
A state must properly and formally charge you with a crime before the extradition process can be completed. You will likely be entitled to an extradition hearing before you’re transported back to the requesting state. During your extradition hearing, your attorney can argue that it’s inappropriate for you to be transported back to face the out-of-state warrant. You can waive your right to have this hearing, but doing so will just ensure that you’re taken back to the requesting state without a fight.
Having an out-of-state arrest warrant is undoubtedly a difficult situation for anyone. Fortunately, there are at least a few ways that you can make this situation easier on yourself. Handling an out-of-state warrant is difficult, but luckily, it’s not impossible.
For help with an out-of-state arrest warrant, talk to attorney Brett Podolsky at 713-227-0087 and a confidential consultation.