The legal system can be challenging to understand, especially when it comes to the different types of warrants that courts issue. Fugitive warrants are particularly important because they help ensure that justice is served, even when someone tries to escape it by crossing state or national lines.
Let’s find out what are fugitive warrants, highlight their importance, and how they fit into the larger picture of law enforcement and the justice system.
What is a Felony Fugitive Warrant?
A fugitive warrant is a specialized type of arrest warrant used to apprehend individuals who have fled from one jurisdiction to another to evade criminal prosecution or avoid punishment. This legal tool is crucial for law enforcement agencies to extend their reach beyond local boundaries and ensure that fugitives are brought to justice.
In this context, a fugitive from justice is someone who has intentionally left the area where they were charged with a crime, are expecting an arrest, or have been convicted and are awaiting sentencing. The warrant is typically issued in the jurisdiction where the crime occurred and allows for the detention of the individual in another jurisdiction until they can be extradited awaiting trial.
These warrants facilitate cooperation between law enforcement agencies across different regions, enabling them to share information and resources effectively in apprehending a wanted person. The process often involves entering the warrant into the National Crime Information Center (NCIC), a comprehensive database maintained by the FBI, which helps track and locate individuals with outstanding warrants.
Once a fugitive is apprehended, the extradition process begins, allowing for their return to the original jurisdiction to face charges. The accused person can also choose to waive extradition and voluntarily return to the demanding state or request a bond through an extradition hearing. However, the extradition bond will be set as the magistrate deems reasonable depending on the crime.
That said, you will need an experienced criminal defense attorney to weigh the legal options and guide you through the complex process of extradition hearings. That will limit the possibility of getting a harsher sentence under federal law.
How do you Get a Fugitive Warrant?
A fugitive warrant is typically issued when an individual is wanted for a crime and either fails to appear in court, escapes from custody, or leaves the jurisdiction where the crime was committed to avoid arrest. Here’s how a fugitive warrant might be obtained:
- Failure to appear: If a person is required to appear in court for a criminal proceeding and does not show up, the judge may issue a warrant for their arrest. If the person is believed to have left the jurisdiction, a fugitive warrant may be issued in certain circumstances.
- Escaping custody: if an arrested person escapes from jail or another form of custody, law enforcement will likely seek a fugitive warrant to facilitate their arrest and return.
- Fleeing to avoid prosecution: if a person is charged with a crime and flees to avoid prosecution, authorities can request a fugitive warrant. This warrant allows law enforcement in other jurisdictions to arrest the individual and hold them for extradition pending criminal justice.
- Extradition requests: when a person is found in a different state or country from where the crime was committed, a fugitive of justice warrant is often necessary for the process of extradition. This interstate agreement ensures the person is returned to the original jurisdiction to stand trial for the offense committed.
The Difference Between a Fugitive Warrant and an Arrest Warrant
An arrest warrant is a legal document issued by a judge that authorizes law enforcement officers to detain an individual suspected of committing a crime. This warrant is typically issued when there is probable cause to believe that a crime has occurred, and it allows police to arrest the person accused or named in the warrant at any time. Common reasons for issuing an arrest warrant include:
- suspicion of committing a crime;
- failure to appear at a scheduled court hearing;
- violation of probation terms;
- non-payment of fines, such as parking tickets.
On the other hand, a fugitive warrant is a specific type of arrest warrant issued for individuals who have fled the jurisdiction where the crime was committed to avoid prosecution or punishment. This warrant is typically issued in one state or county and allows for the arrest of the individual in another jurisdiction to face the crime alleged.
An arrest warrant is generally limited to the jurisdiction where it was issued, while a fugitive warrant extends beyond local boundaries to facilitate the apprehension of individuals across state or national lines.
How to Find Out if You Have a Fugitive Warrant
There are several methods available to check if you have warrants, both online and in person. Many jurisdictions provide online tools to search for active warrants. Visit the official city, county, or state website where you suspect a warrant might exist. Look for sections labeled “Legal” or “Public Safety” to find warrant search options. Another way to check for a warrant – appear in person at a local police station with a valid photo ID. This is because warrant information is not disclosed over the phone or online for privacy and security reasons. Be aware that if a warrant is confirmed, you may be arrested on the spot.
How to Get a Fugitive Warrant Lifted?
If you discover that there is a fugitive warrant issued in your name, it is crucial to address the situation promptly to avoid potential arrest and extradition. The fugitive warrant of a person charged with a felony crime can be lifted by taking specific legal steps, often with the assistance of a qualified attorney.
- Voluntary appearance: the most straightforward way to address a fugitive warrant is to voluntarily appear before the court that issued the warrant.
- File a motion: along with your attorney, you can file a motion with the court to have the fugitive warrant set aside. This motion should include valid reasons for failing to appear or comply with court orders, such as lack of notice or unavoidable circumstances.
- Attend the hearing: once a motion is filed, a court hearing will be scheduled. It is essential to attend this hearing, either personally or through your attorney, to present your case and any supporting evidence.
- Negotiate terms: in some cases, the court may require certain conditions to be met before lifting the warrant, such as posting bail or agreeing to appear for future court dates.
What Happens if You Flee From Justice?
When an individual flees from justice, they are officially considered a fugitive from justice. This status can lead to more severe consequences beyond the original charges.
- Extradition: if you escape to another state or country to evade legal consequences, you may be subject to extradition. This process involves the jurisdiction where the crime was committed proving that you are a fugitive. Once established, you will be returned to face prosecution in the original jurisdiction;
- Statute of limitations: fleeing does not allow you to escape the statute of limitations for a crime. The time limit for prosecuting a crime may be paused while you are considered a fugitive, meaning you can still be charged even after the statute would typically expire;
- Harsher sentencing: evading the law can result in more stringent penalties if convicted. Judges may be less inclined to offer leniency, potentially leading to longer sentences or the loss of opportunities for alternatives like community service.
Contact Warrant Lawyer
Facing a fugitive warrant or any legal issue related to warrants can be daunting and complex. Skilled warrant lawyer is crucial to navigating the legal system effectively and ensuring your rights are protected. Our team of experienced international attorneys specializes in handling cases involving Interpol, extradition and fugitive warrants and can provide the guidance and representation you need. We are here to help you navigate the complexities of the legal system and work towards a resolution that protects your rights and interests. Call us today to schedule a consultation and take the first step towards resolving your legal challenges.
