Larkin Ingrassia Criminal Defense Attorneys | April 4, 2025 | Criminal Defense
Facing an out-of-state warrant for arrest can be an overwhelming experience. Whether the warrant stems from a misdemeanor or a felony, ignoring the warrant can have severe consequences. Understanding the nature of out-of-state warrants and what steps to take in responding to such a warrant is critical.
What Is an Out-of-State Bench Warrant?
A bench warrant is a legal order issued by a judge for a person’s immediate arrest. A bench warrant is issued for violations of court orders, such as missing a court date. Contrast this with an arrest warrant, which is issued based on probable cause that a crime has been committed.
An out-of-state bench warrant means that the warrant was issued in a state other than where you are currently located. These warrants are entered into the National Crime Information Center (NCIC), a database used by law enforcement agencies nationwide. This means that even if you are stopped for a routine traffic violation in a different state, the officer can access your outstanding warrant and arrest you.
What Happens When a Bench Warrant Is Issued?
Once a judge issues a bench warrant for your arrest, the police have the authority to arrest you at any time. If you come into contact with police for any reason — whether it’s a traffic stop, background check, or another encounter — your warrant will likely be discovered.
If you are arrested in a different state, the next steps depend on the severity of the charges. You may be held in custody while authorities determine whether to extradite you to the state that issued the warrant.
Will You Be Extradited for an Out-of-State Warrant?
Extradition is the legal process of transferring a person arrested in one state to another state where they are facing charges. Whether you will be extradited depends on several factors, including:
- The severity of the charges
- Whether you were charged with a misdemeanor or felony
- State extradition riders that specify the conditions of extradition
Even if extradition does not occur immediately, the warrant does not disappear. It can still affect future background checks and legal proceedings.
What If You Have a Misdemeanor Warrant in Another State?
Misdemeanors are less serious than felonies. However, they can still carry significant legal consequences. Examples of misdemeanors include:
- DUI or reckless driving
- Simple drug possession
- Shoplifting
- Trespassing
If you have a misdemeanor warrant, the issuing state may or may not choose to extradite you. However, this does not mean you are free from legal responsibility. If you fail to resolve the warrant, you risk future arrest, fines, and legal complications.
What Should You Do if You Have an Out-of-State Warrant?
If you suspect or know that you have an out-of-state warrant, taking proactive steps is crucial:
- Consult a Criminal Defense Attorney – A qualified attorney can review your case, determine the best course of action, and potentially negotiate a resolution without the need for extradition.
- Do Not Ignore the Warrant – Ignoring an out-of-state warrant does not make it disappear. It will remain in the system and could lead to an unexpected arrest.
- Understand Your Extradition Risk – Your attorney can determine whether the issuing state is likely to extradite you and what legal options are available.
In some cases, voluntarily addressing the warrant may lead to reduced penalties or the possibility of resolving the matter without significant jail time. However, you should consult an attorney before taking such a step.
Contact a Kingston Criminal Defense Lawyer for Help
Having an out-of-state arrest warrant is a serious matter that requires immediate attention. Whether the warrant is for a misdemeanor or a felony, it can lead to arrests and long-term legal consequences. Consulting an experienced Kingston criminal defense attorney is the best way to handle the situation and explore options to resolve the warrant before it results in an arrest or extradition. Taking proactive steps now can help prevent more severe repercussions in the future.
Contact a New York Criminal Defense lawyer at Larkin Ingrassia Criminal Defense Attorneys Today
For more information, contact an experienced criminal defense lawyer at Larkin Ingrassia Criminal Defense Attorneys, to schedule a free consultation today. We conveniently serve in 3 locations in New York, including Middletown, Newburgh, and Kingston.
We proudly serve Orange County, Ulster County, and its surrounding areas:
Larkin Ingrassia Criminal Defense Attorneys – Middletown
626 E Main St
Middletown, NY 10940
(845) 566 5345
Larkin Ingrassia Criminal Defense Attorneys – Newburgh
356 Meadow Ave
Newburgh, NY 12550
(845) 566-5345
Larkin Ingrassia Criminal Defense Attorneys – Kingston
233 Fair St Suite #1
Kingston, NY 12401
(845) 566-5345