What Happens if You Get an Out of State Warrant for Arrest?

Arrest warrants should be taken seriously regardless of the situation. This includes your location compared to the issuing county or state. If a warrant is issued in another state, law enforcement may still detain you, and extradition could be requested. The severity of the alleged offense determines whether extradition is pursued. 

Misdemeanor warrants may not always result in out-of-state arrests, but felony warrants are more likely to lead to extradition. Additionally, having an outstanding warrant can impact background checks, employment opportunities, and even travel. 

How Does an Out of State Warrant Differ From In-State?

If you have a warrant issued for your arrest from a state different than the one you are in, the main difference in what happens is your cooperation and how long the situation drags out. If the warrant is for more “minor” charges like misdemeanors, the issuing state may not use the resources to bring you back to Texas or the issuing state. However, if you have committed a repeat offense or felony, the state is much more likely to extradite.

The Uniform Criminal Extradition Act

The Uniform Criminal Extradition Act is a state-level law that most states have adopted. The legislation for Texas can be found in the Code of Criminal Procedure Chapter 51, which explains the state’s obligation to aid in the arrest of a fugitive. The states that have not adopted the UCEA are still obligated to extradite as federal statutes require and often openly cooperate with other states for more serious charges. Under the right circumstances, you may be extradited from any state if you are identified as a fugitive with a warrant in another state.  

Can I Be Arrested With an Out of State Warrant?

The specific process for managing out of state warrants depends on the state that identifies you. Identification often happens at a traffic stop where the officer sees you have pending warrants. Most often, they will detain you at the time of the stop and hold you until they can contact the issuing state to determine whether they will extradite you. 

Felony Warrants

If you are located by law enforcement with an open felony warrant, the issuing state is far more likely to extradite, meaning you are held until that process ends. The home state picks you up to hold you there pending indictment and trial. The time it takes to extradite will vary depending on the details of your situation and the states involved, but it can sometimes take weeks or months. In some situations, this time may be credited as time served in case of conviction, but this is not always true. 

Misdemeanor Offenses

Indeed, many states will not use their resources to bring you back for more minor charges, but this does not mean you are off the hook. Failure to turn yourself in can result in license suspension, travel restrictions, trouble finding employment or housing, or the inability to obtain a new license or vehicle registration in the new state. 

Even if the issuing state chooses not to extradite, you may still face charges related to a suspended license or other fines related to the initial reason for the traffic stop or police interaction. This can set you up for legal issues in two states, further complicating your situation and possibly leading to jail time anyway. 

If You Have an Out of State Arrest Warrant, You Need an Aggressive Defense

Discovering you have an out-of-state warrant can be an overwhelming and frightening experience, but you are entitled to competent representation. An experienced Fort Worth criminal defense attorney can help you navigate the complexities of extradition and may be able to assist in preventing or delaying the extradition process, depending on the circumstances. A skilled lawyer will also work to minimize the potential consequences of the warrant, such as addressing the charges and helping you avoid additional legal complications.

For more information, please contact the criminal defense law firm of Cofer Luster Criminal Defense Lawyers for a consultation. Give us a call at (682) 777-3336 or visit our convenient location:

We serve the surrounding areas of Tarrant County and Fort Worth, TX.

Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102