After a person is arrested, the police will check for outstanding warrants. These warrants may originate in Pennsylvania or other states. If another state has issued a warrant for your arrest, Pennsylvania authorities may be told to “hold for state warrant” after your time in their custody comes to an end.

You may be released from custody some time after your arrest. However, if the authorities hold you on a state warrant, they may continue detaining you under an arrest warrant issued by another state. The other state may demand your extradition so they can prosecute you for whatever offense they believe you committed. If this happens, contact an attorney for help immediately. The extradition process can be long and complex, and your lawyer will help you assert and protect your rights.

For a free, confidential case assessment, call the Liberty Law Team at (215) 826-3314 and talk to our Philadelphia criminal defense attorneys.

What Happens if You Are Held for a State Warrant in Pennsylvania

If you are held on a state warrant in Pennsylvania, you may be detained because another state has issued a warrant for your arrest and wants you extradited.

Detainment

Often, people arrested in Pennsylvania may be released from custody if there is insufficient evidence to hold them or if their charges are dropped or dismissed. However, once your detainment in Pennsylvania is over, you may still be held in custody on a state warrant from a different state.

Almost all 50 states work together to pursue defendants and suspects who have allegedly committed crimes in one state before fleeing to another. When you are arrested in Pennsylvania, the authorities will almost certainly check for other warrants for your arrest from within Pennsylvania and beyond.

Extradition

If the other state wants you to return so you may face criminal charges and prosecution, Pennsylvania authorities may be compelled to cooperate and extradite you. The extradition process is not automatic, and the demanding state must submit the proper documentation and paperwork to the Governor before you can be extradited. Also, there may be hearings at which we can challenge the extradition.

How Do I Know if There is Another State’s Warrant Out for My Arrest?

While some people know or have a feeling that another state has issued a warrant for their arrest, many others do not learn of it until after they are arrested in Pennsylvania.

Arrested on the Other State’s Warrant

It is possible that you were arrested in Pennsylvania solely based on another state’s warrant, not for a new crime committed in Pennsylvania. In some cases, especially those involving more serious alleged offenses, Pennsylvania authorities may locate and arrest a suspect wanted in another state, even if the suspect has not broken any Pennsylvania laws.

Arrested in Pennsylvania on New Charges

It is also possible that a suspect is arrested in Pennsylvania for allegedly committing a new crime. When the police take the suspect into custody, they may quickly learn that another state has a warrant for the suspect’s arrest. Once Pennsylvania can no longer hold you in custody based on alleged crimes committed here, you may still be detained based on a warrant from another state.

How to Protect Your Rights if You Are Held for a State Warrant in Pennsylvania

Extradition, like most other legal procedures, can be challenged, and you should hire a lawyer as soon as possible to help protect your rights.

Hearing Before a Judge

You may not be removed from Pennsylvania on another state’s warrant before you are brought before a judge. The judge must inform you of the warrant and why the demanding state wants you extradited. You may choose to surrender at this point and be returned to the other state, or you can choose to challenge the case against you. If you challenge the case, another hearing may be scheduled.

Right to Counsel

The judge must also inform you of your right to counsel. You have a right to have a lawyer help you throughout this process. If you do not have one when you are initially taken before the judge, you must be given the opportunity to find one.

Writ of Habeas Corpus

You and your attorney have the right to challenge the case by demanding a writ of habeas corpus. This means there must be a hearing to determine whether your detention is legally valid. We may challenge the other state’s claims and argue that there are no legal grounds to detain you and that you should be released without extradition.

FAQs About Being Held for a State Warrant and Extradition in Pennsylvania

What Does “Hold for State Warrant” Mean?

The phrase “hold for state warrant” refers to an arrested suspect being detained in Pennsylvania on an arrest warrant issued by a different state.

How Quickly Will a Defendant Wanted in Another State Be Extradited?

How quickly you are extradited depends on your circumstances. If Pennsylvania is not interested in prosecuting you for a new offense for which you were arrested, extradition may happen more quickly. However, if you challenge the process or if Pennsylvania wants to prosecute you first, it can take a long time.

Can I Be Arrested on Another State’s Warrant if I Do Not Commit a New Crime in Pennsylvania?

Yes. Authorities in other states may contact Pennsylvania authorities about the warrant and have you arrested and extradited. Pennsylvania authorities may be ordered to arrest you on a different state’s warrant even if you do not commit a crime in Pennsylvania.

If I am Arrested in Pennsylvania for a New Crime, Will I Be Prosecuted Here Before Extradition?

Possibly, yes. Pennsylvania is allowed to prosecute you for any crimes you are alleged to have committed in this state before extraditing you to another state.

Can I Be Released on Bail if I am Held for a State Warrant in Pennsylvania?

Possibly, yes. Pennsylvania is one of the few states that allows people awaiting extradition to be released on bail. However, bail will likely be very high, as you are considered a fugitive while awaiting extradition.

Where am I Detained While Being Held on a State Warrant in Pennsylvania?

While being held on a state warrant, you may be detained in the jail of any country in which you happen to be.

Contact Our Pennsylvania Criminal Defense Lawyers for Help Now

For a free, confidential case assessment, call the Liberty Law Team at (215) 826-3314 and talk to our Bucks County, PA criminal defense attorneys.