A lot of people assume that an arrest warrant only matters in the state where it was issued. That belief is understandable, but it is not how things actually work in reality. If another state has issued a warrant for your arrest and you are currently in California, you could still be taken into custody here.
Whether or not law enforcement actively comes looking for you depends on a number of factors, but the warrant itself does not simply go away because you crossed state lines. Ignoring it can lead to serious consequences that only get worse with time. A criminal defense attorney can help you figure out how best to handle the situation, but here is what you should know right now.
California follows the Uniform Criminal Extradition Act (UCEA), codified under Penal Code §§ 1547 through 1558. This law creates a legal framework for cooperation between states when someone with an active warrant is located outside the issuing jurisdiction.
If California law enforcement discovers an active warrant from another state, you may be arrested and held while authorities determine whether extradition is appropriate. Depending on the circumstances, the state seeking your return may request extradition through the governors of both states.
California law also provides procedures for certain arrests before a formal extradition request is completed. In some cases, a person may waive extradition and agree to return without completing the full process.
It is also possible to waive the extradition process entirely. Some individuals choose to do this voluntarily in order to resolve the matter more quickly rather than spending additional time in a California jail.
In theory, extradition can be pursued for any criminal offense. However, the reality is that states are far more likely to follow through when the underlying charge is a felony. Misdemeanor warrants, while still legally enforceable, may not always prompt the demanding state to go through the time and expense of the full extradition process.
That said, do not assume a misdemeanor warrant will simply be overlooked. Even if the other state ultimately decides not to extradite, the warrant can still show up on background checks. It can also come to light during a routine traffic stop in California, potentially leading to a temporary arrest that disrupts your life in significant ways.
Finding out that you have an active warrant in another state can be alarming. However, the steps you take next can make a real difference in how the situation unfolds.
Consider the following:
Trying to handle this kind of situation without legal help can backfire quickly, especially when two different states and their respective court systems are involved. Having an attorney on your side from the beginning puts you in a much better position.
An out-of-state warrant will not simply disappear because you are living in California. Ignoring it could lead to an unexpected arrest, time in custody, and complications that affect your everyday life. Taking action early can help you understand your options and avoid unnecessary problems.
At Perlman & Cohen Los Angeles Criminal Lawyers, our Los Angeles criminal defense attorneys can review your situation, explain how extradition may apply, and help you determine the best way to address an outstanding warrant.
For more information, contact our Los Angeles criminal defense lawyers at Perlman & Cohen Los Angeles Criminal Lawyers today to schedule a free, confidential consultation and learn how we can help protect your rights. We have a convenient location in Los Angeles, CA.
Perlman & Cohen Los Angeles Criminal Lawyers
355 S Grand Ave Suite 2450, Los Angeles, CA 90071
(310) 557-1700
Available 24/7
