Fugitive Warrant

Difference Between a Fugitive Warrant and an Arrest Warrant

A fugitive warrant is a type of arrest warrant. However, it specifically deals with individuals who have fled to another jurisdiction outside the powers of immediately accessible law enforcement.

Fugitive warrants are applicable whether the person of interest flees the state or country. Some of these arrest operations involve cooperation on an international scale. For example, someone may commit a crime in Montana and go to Canada to avoid arrest.

The judge would sign an arrest warrant allowing Canadian law enforcement to apprehend the individual and return them to Montana.

In contrast, a regular arrest warrant is used when a person is taken into custody in the original jurisdiction where the crime was committed. This means if someone commits a crime in Las Vegas, they would be arrested by that city's officers and tried within the jurisdiction.

What Happens After a Fugitive Is Arrested?

Fugitives are arrested by law enforcement forces operating in their current jurisdiction, which prevents any complications in the arrest or judicial process. Once in custody, the officers begin the extradition process by notifying the original jurisdiction of the arrest.

Next, a hearing is held to confirm the warrant's validity. The courts must verify that the arrested person is the subject of the warrant. Only after this process can the person be tried for the underlying crime.

Mistaken identity is one of the few strong defenses against extradition attempts. These mistakes occur when prosecutors do not create a thorough affidavit, including pictures and eyewitness descriptions, for the arresting officers to use.

Once the fugitive returns to the original jurisdiction, they are tried for the underlying crime. The severity of the crime will determine the impact of their fugitive status on the trial. In some cases, fugitives flee to avoid providing testimony to a criminal trial. These individuals are arrested and compelled to testify after extradition.

What is a Felony Fugitive Warrant?

Felony fugitive warrants are issued for people convicted or suspected of committing felonies and have fled the jurisdiction. These crimes includemurder, armed robbery, rape, and drug trafficking.

Felony fugitive warrants often involve the cooperation of higher levels of law enforcement, such as the US Marshall Service. Due to these fugitives' increased threat level, expedited warrants are prioritized for such cases.

Felony fugitive warrants are not typically issued for individuals who refuse to testify in a felony trial. This non-compliance charges the fugitive with "direct contempt of court," which will not result in felony charges in most cases.

How to Find Out if You Have a Fugitive Warrant

Some people may leave a state or go on vacation without realizing there's a warrant for their arrest. Doing so will escalate the situation into a fugitive arrest warrant, which can significantly increase legal consequences.

If you suspect you have an active fugitive warrant, it's best to contact the police department in your current and most recent residence. The stations can inform you about any arrest warrants in other jurisdictions.

Most local law enforcement agencies also provide accessible databases that allow citizens to search for warrants. These services allow people to assist in arrest warrants and confirm if a suspicious individual has a warrant against them.

The US Marshal Service also maintains a database of active fugitive warrants. However, this service only covers federal-level fugitives. Citizens cannot directly access this information but can ask law enforcement to check on their behalf.

When Does an Extradition Process Start?

The extradition process begins once the fugitive is in custody. The arresting jurisdiction notifies the prosecuting jurisdiction and complies with the formal request for the fugitive's return.

The fugitive warrant and the arrested person's identity are confirmed through evidence like witness testimony or visual media. Once these conditions are satisfied, the fugitive is returned to the prosecuting jurisdiction for trial.

What is a Requisition Request in Fugitive Warrant?

A requisition request is a formal request to detain and return a fugitive who has refused to "waive extradition." This term refers to forgoing the process to confirm a fugitive warrant to appear more cooperative with law enforcement.

The state's governor may comply with the requisition request by issuing a "Governor's Warrant." This specialized warrant allows law enforcement to detain the fugitive until the prosecuting jurisdiction comes to retrieve them.

What is the National Crime Information Center and The Role of NCIC in Fugitive Warrants?

The National Crime Information Center (NCIC) is a national database that tracks crime across the US. Countless law enforcement agencies contribute to its information, a significant tool in identifying fugitives.

The NCIC includes information on people with active warrants, including physical descriptors, photos, and personal information. This allows criminal justice organizations in other states to identify fugitives and inform the prosecuting jurisdiction without an initial request.

Is NCIC The Only Solution For Fugitive Warrant Search?

How Long Can Someone Be Detained on a Fugitive Warrant?

Law enforcement primarily uses the NCIC to identify individuals with active warrants nationwide. However, various local and state-level databases are more accessible to the average citizen.

Many law enforcementagencies provide warrant databases where people can search for active warrants in their immediate area. These databases aren't as comprehensive as the NCIC but are suitable for most questions.

If someone wants to know if they have a fugitive warrant for anywhere in the US, they must request the information from an entity with NCIC access.