If somebody got charged for private trespassing in one state, then once they went back to their home state would they be arrested if pulled over? They weren't able to make it to their court date in the other state, and they weren't able to pay the ticket before the court date. So, now they have a bench warrant from the other state. Does anybody know if they'd get arrested if they happened to get pulled over in their home state?
Well, any help would be very appreciated. Thanks.
2007-11-01 13:22:16 · 11 answers · asked by Briii 1 in Politics & Government ➔ Law Enforcement & Police
Also, they've contacted the other state that the bench warrant is from and they said they can either get an attorney or go to the state. [the option of paying is out of the question] But the person has no money to do either one. They have called a public defender to help from their home state, but they don't do out of state stuff, so the issue is unresolved until the person has enough money to go out to the state to resolve it.
2007-11-01 13:34:52 · update #1
You might get arrested, but I doubt that you would be extradited on a trespassing bench warrant.
2007-11-01 13:39:51 · answer #1 · answered by CGIV76 7 · 4⤊ 1⤋
Yes you can be. Your warrant went into what is called the NCIC. This is a system law enforcement uses to check and see if someone has a warrant (among other things). Usually, you are detained until the jurisdiction that issued the warrant decides whether or not they are going to extradite you. In the case of trespassing, it's highly doubtful. I would contact the court that issued the warrant and see what they say or contact an attorney that is certified in the state the offense was committed. You can find listings on-line. Until you take care of the warrant, it will remain on file.
2007-11-01 14:00:05 · answer #2 · answered by Rod 3 · 0⤊ 0⤋
First, I doubt the warrant is for trespassing. It is more likely for failing to appear in court on the trespassing charge. If the ONLY charge was trespassing, I doubt the state that issued the warrant will bother actually extraditing you. Until you take care of the charge, or the court that issued it decides to cancel it, it WILL remain active. You CAN be arrested anywhere in the US for an active warrant from ANY state.
2007-11-01 15:18:55 · answer #3 · answered by STEVEN F 7 · 0⤊ 0⤋
Your charge of private tresspassing is a misdemeanor charge. When you failed to appear (FTA) for your court date, the bench warrant issued will be a misdemeanor charge also.
Now, whether you will be arrested if you are stopped for a traffic offense will depend on..
1. if you were entered into NCIC on the FTA. The police agency would actually have to enter you as a wanted person.
2. the extradition limitation. The entering police agency will need to specify to what lengths they will travel to pick you up and bring you back to the state holding the charge on you. Generally, misdemeanor extradition is within the state of charge or within a certain mile radius (I've seen between 50 and 200 miles listed).
Example: if you committed the offense in Virginia, but went back to Maryland, and were entered as 'Virginia only' extradition, you would not be arrested if you were stopped in Maryland. But if you returned to Virginia and were involved in any police incident, yes you would be arrested.
The best thing to do is contact the court jurisdiction that holds the warrant and make arrangements to take care of it. This will never go away, there is no statute of limitations once you have been charged and court documents issued (warrant).
You could be arrested and held in jail, but most likely you will go before the magistrate, given a new court date and released. Wouldn't a little piece of mind be better than worrying over this?
Good Luck to you.
2007-11-01 14:01:43 · answer #4 · answered by Patty O 6 · 1⤊ 1⤋
Ever heard of extradition?
How sad they didn't work harder to get all this resolved so it wouldn't get to this stage ~ now they have to pay the piper.
If they need an attorney, they need to get one in the city/state where the offense was committed because they will know the laws of that area ~ the one where they live won't have a clue and they would not get good representation even if they did try to handle it.
That will probably mean they will have to go there and meet with them in person and sign papers for them to represent them in court. The only way to get rid of this is to go face the music and be done with it. If they need to get a second job for a while, then they need to do it. Hope they can get it resolved soon.
2007-11-01 22:50:42 · answer #5 · answered by KittyKat 6 · 0⤊ 0⤋
Yes you can be arrested. Your warrant should show in any state that you go to. You should call the court in the state that you were charged and see what you can do. You may be able to pay fines although I doubt it but you should take care of the warrant.
2007-11-01 13:31:13 · answer #6 · answered by Meggie Smalls 5 · 0⤊ 0⤋
You can get arrested but if the state that issued the warrant in the first place doesn't come pick you up you will be released. Not sure, think they have 48 hours or something like that.
2007-11-01 13:27:48 · answer #7 · answered by chowchowkathi 2 · 0⤊ 0⤋
You can be arrested, and extradited by, and too any state in the union, However for a charge as small as trespassing, it is very doubtful that you would be unless you are arrested in the state you are now residing in, and then, only after their court deals with your charge.
2007-11-01 13:25:51 · answer #8 · answered by bgee2001ca 7 · 0⤊ 0⤋
yes. in fact, with the advent to interagency cooperation it is MUCH easier to to learn of warrants from out of state.
but, truthfullly it depends on WHAT the warrant is for... will determine how much effort the out of state agcy will invest.
obviously for MURDER u bet u'r bottom he will be arrested ON THE SPOT.
2007-11-01 13:39:51 · answer #9 · answered by bi2unicorn 3 · 0⤊ 0⤋
Yep.
2007-11-01 13:25:59 · answer #10 · answered by Anonymous · 0⤊ 0⤋