What to do about an outstanding warrant and extadition?

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What to do about an outstanding warrant and extadition?

I have a warrant out that I was told was non-extraditable; a the time I was residing in another state. I have recently moved to a third state for a really good job that I’m hoping will help me remedy the situation. The only problem is I don’t want to get arrested here while I’m trying to fix what I did. Does the same non-extradition clause apply here as it did in my former state? Also, the charge was for Domestic Violence/Battery. It was a first time offense and I fled due to loss of employment in my original state. It was a misdemeanor charge but has a felony warrant.

Asked on June 17, 2012 under Criminal Law, Texas

Answers:

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

Answered 10 years ago | Contributor

Based on your question, I'm assuming that you're in Texas right now.  If you are in Texas, trying to fix a Texas warrant, then you could be arrested on that warrant in Texas... regardless of the extradition rules.  They won't care that you're just visiting.  If you are in another state, and have a Texas warrant, then the decision to extradite or not will depend greatly on the county and agency that is seeking prosecution.  Some counties only extradite felonies, while others only extradite for certain levels of felonies (like third degree and higher).  These rules can change by administration to administration.  So, there is no guarantee that the same rules that were in effect a few years back are the same.  If you are in Texas, but the warrant is for another state, the same can be said for other states -- whether or not they will extradite now will depend on their current policies.  Another factor is agreements between states.  This will also influence the decision of certain agencies to seek extradition or not.  This could have been a factor when you were residing in the other state.  As a final note, you mention that the offense was a misdemeanor, but you have a felony warrant.  Texas has a felony offense called bail jumping or failure to appear, which actually makes it an offense to not appear for court.  Considering that you haven't appeared for court, you may have picked up another offense which has elevated you to another charge.


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