Follow up to a previous immigration question relating to a minor assault charge from 4 years ago when I was in the US for the summer - went back home before going back to court but considering going back to a different state now for a family wedding and wondering what would happen if I was arrested. Any info appreciated
Posted this in the wrong place originally
2006-10-27 05:43:10 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Thanks for the info so far. It was 4 years ago when I was over there and haven't worried too much about it as I haven't been planning to go back to the US until now. I think it was Class A Misdemeanor assault if that makes sense. I would be going to Phoenix and it happened on the east coast. Just wanting to know what could happen if they did arrest me to see if it was worth taking the risk of going back at all.
Don't know what the warrant specifically says - is there anywhere I could look that up?
2006-10-27 06:25:20 · update #1
It depends if the other state wants to extradite you. That means if they want to go through the hassel of bringing you back to their state. Sometimes we can't even get different counties without my state to extradite let alone a state half way across the country. The wording is in the warrant as to whether or not they will extradite, find that out and you will have your answer.
2006-10-27 05:46:54 · answer #1 · answered by Sheila V 3 · 0⤊ 0⤋
When a warrant is issued for you, the agency issuing the warrant must decide what extradition terms to place on the warrant. For minor crimes - including most misdeameanors - most agencies will not extradite a person from another state as extradition can be an expensive and time consuming process.
If the agency who holds the warrant decides that they want to extradite you and you are contacted by the police you will be taken into custody. Once in custody you can either waive or fight extradition proceedings.
If you waive extradition you will be picked up by the agency / state holding the warrant and you will be returned to the jurisdiction holding the warrant and you will be prosecuted. If you fight extradition the agency wanting to extradite you seeks a "Governor's Warrant" which is, literally, a directive from the governor of the state who wants you to the governor of the state who holds you, directing your return. If you fight extradition there can be court proceedings but, generally, you will ultimately be sent back to the state who wants you.
2006-10-28 18:46:02 · answer #2 · answered by James P 4 · 0⤊ 0⤋
If the offense is severe enough and you are caught in a state other than the state in which the offense occurred, you will be transported back to the state in which the offense occurred. Its called extradition. Depends on the individual state and the offense as to whether you will be held and transported or not. Different states extradite for different offenses. It costs the state money, that's the issue. But a simple assault charge usually isn't going to be something they extradite for. Unless you are only one state over or so. If you did not show up for your court date you will now be wanted also for "Failure to Appear." This is a seperate charge.
2006-10-27 05:46:26 · answer #3 · answered by Average Joe 3 · 0⤊ 0⤋
Unless it was a fairly serious crime, you could fight extradition if arrested and you would probably be released...
2006-10-27 05:52:11 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Depending on which charge against you is greater, that is where you will wind up.
2006-10-27 07:37:57 · answer #5 · answered by WC 7 · 0⤊ 0⤋