Nov 15, 2015

Can You Be Arrested in Another State with an FL Warrant?

Can You Be Arrested in Another State with an FL Warrant?

The answer to the question raised in the title is yes: The Extradition Clause in the Florida Constitution clearly states that if you have a fugitive warrant (an arrest order issued against a suspect who is wanted in a different jurisdiction), then it is possible to be arrested in another state and extradited back to Florida to stand trial.

“Possible” doesn’t mean “certain”. Whether you will be extradited or not depends upon the severity of your crime. Minor infractions or even some misdemeanors will probably won’t result in extradition, but severe crimes will do. In other words if you are charged with a felony, going to another state will not get you off the hook. In some cases, FL law enforcement agents will come to get you even if you are staying in another state.

Let’s take the following case as an example:

There are cases in which a person who is on probation may decide to move out of state. Since he is in direct violation of his probation, an FL warrant will be issued for him and sent to the FBI’s National Crime Information Center (NCIS), which will notify all law enforcement agencies around the nation about the warrant. Once that person is spotted by a police officer, he will be incarcerated and extradited back to Florida.

Interstate Cooperation

The Uniform Criminal Extradition Act (1936) and the Uniform Extradition and Rendition Act (1980) requires interstate cooperation regarding the apprehension and eventual delivery of fugitives between states as long as specific requirements are met.

These requirements include the following:

  • A valid arrest warrant from the state demanding a fugitive’s extradition.
  • A written extradition request from an executive authority, such as the Governor.

So what can you do to avoid being extradited?

  • Obviously try not to get caught while you are in another state.
  • Florida warrants can be annulled by a judge in another state; however this doesn’t happen too often and requires exceptional circumstances. So you shouldn’t count on that.

The best thing to do is to find a good criminal lawyer and turn yourself in. This is the only practical way to get rid of an arrest warrant.

Can You Be Arrested in Another State with an FL Warrant? was last modified: May 9th, 2016 by Florida Arrests