What happens to a warrant when extradition is declined?

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What happens to a warrant when extradition is declined?

A friend of mine was picked up by detectives early in the morning at his house on a warrant he has for 2 misdemeanor charges. He’s been arrested twice before but NV (where the charges were brought) declined to extradite him. I can understand if he committed a crime and these warrants popped up, but to pick him up for these charges I feel is a bit much. My friend recently was awarded money in a lawsuit he filed against a precinct known for rogue activity in the community, and feels like this is being done for that reason. What can be done to assure that this process won’t be repeated?

Asked on April 24, 2011 under Criminal Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The warrant still stays active.  The fact is that warrants do not expire.  The state retains the right to extradite in the future.  However, if it declined this time it may well do so in the future, especially for a minor offense.  However, what just happened can (and probably will) happen again (and again).  Any time your friend is stopped for even jaywalking he will be taken into custody and detained.  Additionally, the warrant will show up in an employment or similar background check.  The best thing for him  to do at this point is to hire a criminal attorney in the area where the warrant was issued.  This means that your friend will have to go back and face the charges.  However, the sooner that he does this the sooner that he can move on with his life.  Having a skilled and experienced defense lawyer is critical.  Remember, your friend not only has to deal with the warrant but the underlying charges as well.


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