The process for dealing with out-of-state warrants in Philadelphia is complicated, and defendants typically need attorneys to prepare for what comes next.
An out-of-state warrant is a warrant of arrest from another state that may be executed by the Philadelphia Police Department. Officers are sometimes alerted to out-of-state warrants for violent crimes or may discover other warrants during routine traffic stops. Our attorneys can help you through the preliminary arraignment and extradition hearing before you are transferred to another state to stand trial.
Get your free case review from our Philadelphia criminal defense lawyers by calling the Liberty Law Team now at (215) 709-7431.
What Is an Out-of-State Warrant?
An out-of-state warrant is an arrest warrant from one state that another state’s officers can enforce to detain an individual wanted for arrest. It is no different from a normal arrest warrant, except that officers in other states may be alerted to it.
What Laws Govern the Process for Dealing with Out-of-State Warrants in Philadelphia?
The Uniform Extradition Act governs much of the process for dealing with out-of-state warrants in Pennsylvania.
Who Executes an Arrest for an Out-of-State Warrant in Philadelphia?
Philadelphia Police Department officers can execute an arrest warrant from another state.
Do the Police Need to Read You Your Miranda Rights if You Are Arrested on an Out-of-State Warrant?
Unless Philadelphia police officers plan to question you, they do not have to read you your Miranda rights after arresting you on an out-of-state warrant so that you are mindful of your right to remain silent and have an attorney.
How Do Philadelphia Police Officers Learn About Out-of-State Warrants?
Philadelphia police officers can learn about out-of-state warrants in several ways, such as through the National Crime Information Center and even when running your information after a regular traffic stop.
What Happens After You Are Arrested on an Out-of-State Warrant in Philadelphia?
After you are arrested on an out-of-state warrant, Philadelphia police detain you, and you do not waive extradition, the state seeking extradition has 30 days to write and send a governor’s warrant demanding your return to face charges.
Will You Have a Preliminary Arraignment in Philadelphia for an Out-of-State Warrant?
You will have a preliminary arraignment in Philadelphia after an arrest on out-of-state charges. The prosecution will file placeholder charges or charge you as a “fugitive from justice” to detain you until an extradition hearing.
Can You Get Bail if You Are Arrested on an Out-of-State Warrant?
If you are arrested on an out-of-state warrant, it is very unlikely that a Philadelphia judge will grant bail while you await your extradition hearing, especially if you have been intentionally dodging arrest.
What Happens During an Extradition Hearing for an Out-of-State Warrant?
During an extradition hearing for out-of-state charges in Philadelphia, a judge will confirm the defendant’s identity, verify legal extradition paperwork, and decide whether or not extradition is appropriate in your situation.
Defense attorneys can speak at these hearings to challenge the legality of an extradition.
Do You Need a Philadelphia Lawyer to Deal with an Out-of-State Warrant?
Because the process of extradition will involve court hearings in Philadelphia and is subject to Pennsylvania law, you will need an attorney who is licensed to practice in Pennsylvania to represent you during the preliminary arraignment and extradition hearing, such as our Bucks County, PA criminal defense lawyers.
Where Do You Face Charges for an Arrest on an Out-of-State Warrant?
If you are arrested on an out-of-state warrant, you will face charges in the state that issued the warrant, not Pennsylvania, even if you were arrested by the Philadelphia Police Department.
What if Extradition for an Out-of-State Warrant Takes Too Long in Philadelphia?
Extradition should be a relatively speedy process. If it takes too long, it can fail and lead to a detainee’s release.
You Are Released
If the state seeking your extradition takes too long to send a governor’s warrant after your arrest, you may eventually be released by the Philadelphia Police Department. Typically, governors must issue warrants within 30 days, though the court may grant an extension of up to 90 days.
Warrant Doesn’t Disappear
If you are released because extradition takes too long, the warrant you were originally arrested on does not go away. Because the out-of-state warrant remains active, Philadelphia police might detain you again in the future.
Can You Fight Extradition for Out-of-State Warrants?
You can fight extradition for out-of-state charges, but it is typically very challenging and often unsuccessful.
What Happens if You Waive Extradition to Another State After an Arrest?
If you waive extradition to another state after you are arrested on an out-of-state warrant in Philadelphia, you agree to be extradited to another state to face charges and will not have to have an extradition hearing. A governor’s warrant is not required if a defendant waives extradition.
What Are Common Reasons for Out-of-State Warrants?
Arrests on out-of-state warrants are most common for violent crimes and drug offenses.
Violent Crimes
Prosecutors often get out-of-state warrants for those accused of particularly violent or aggressive crimes, such as murder or rape. They may pursue these out-of-state warrants more intentionally to protect public safety.
Drug Crimes
States also often seek extradition for drug crimes, such as drug possession, manufacturing, and distribution, as well as drug trafficking.
Are There Any Non-Extraditable Offenses?
Technically, a state can issue an out-of-state warrant for any criminal offense, but typically reserves this process for serious crimes or defendants who pose public safety concerns.
Do You Need Another Lawyer to Face Out-of-State Charges?
You will need a lawyer licensed to practice in the state you are being extradited to so you have capable representation in court.
Call Our Philadelphia Attorneys for Help with Your Criminal Case
Call the Montgomery County, PA criminal defense lawyers of the Liberty Law Team at (215) 709-7431 for a free case discussion.