What are Fugitive and Out of State Warrants

How long will I be jailed in North Carolina if I have an arrest warrant in another state? What are Fugitive and Out of State Warrants? NC Warrants Info

Fugitive and Extradition Issues are notoriously complex, as are NC Warrants and the criminal charges related to felony or misdememeanor cases in North Carolina – Bill Powers, NBTA Board Certified Criminal Law Specialist

What is Extradition in North Carolina?

• Procedure to Return Fugitive to State:
  • Where here Crime Allegedly Committed; or,
  • Where a person who is fleeing from Custody; or,
  • Where Probation or Parole has been violated.

  How Does the NC Extradition Process Start?

  • Legal Determination
  • The basis for arresting the “Fugitive”
  • The Findings may Include:
    • The person charged with a crime in another state and “fled from justice”
    • The person convicted of a crime in another state and “escaped from confinement”
    • Person violated terms and conditions of Bail, Probation or Parole

    There must be a legal determination of whether grounds exist for the criminal charges and whether that person is wanted and then a warrant for arrest is issued. For sample NC Warrants for Arrest, click here. The judge or magistrate shall issue a bench warrant directed to any peace officer commanding him to apprehend the wanted person named therein.

    How does the criminal procedure begin and what Court issues NC Warrants?

    The process begins when “any credible person” goes before a Magistrate or Judge in North Carolina, which includes District Court and Superior Court Judges. That “credible person” swears an oath to the Magistrate or Judge as to the accuracy of the allegations. For example, Mecklenburg County warrants may be issued by Mecklenburg County Magistrates, Charlotte Judges, both in district or superior court.

    What is a Requisition?

    In the event the “fugitive” exercises their rights and refuses to “Waive Extradition,” under N.C.G.S. 15A-746, the State (hereinafter referred to as the “Home State”) asking for the accused must formally request the Governor of North Carolina return the fugitive from justice through what is called a “requisition” to extradite.

    • Waiver must Voluntary and cannot be assumed
    • Rights must be Advised
    • Waiver must be Executed or Subscribed (in writing)
    • Waiver includes Issuance and Service of the Warrant
    • Waiver may also include “[a]ll other procedure incidental to extradition proceedings
    • Statute states the person arrested “shall” first be duly “informed of rights to issuance and service of warrant of extradition”
    • Statute requires person arrested also “shall” be informed of the right “to obtain a writ of habeas corpus” as provided under N.C.G.S. 15A-730

    The Governor of North Carolina will thereafter issue what is called a “Governor’s Warrant.” That Warrant grants Law Enforcement the authority to take the fugitive into custody. Thereafter, the Home State that asks for the return of the fugitive is given a specified period of time to come to North Carolina, take the fugitive into custody and return that person to the appropriate jurisdiction. Generally speaking, North Carolina will not transport fugitives to other states. Indeed, each state is normally responsible for their respective fugitives.

    What is a “Warrant of Extradition” in North Carolina Criminal Court

    A Warrant of Extradition is the formal, issuing of an Order to surrender a person who is accused or convicted of a crime to the jurisdiction where the crime was originally committed. Does the Interstate Compact Apply?

    • Regulated under the Interstate Compact for Adult Offender Supervision
    • ICAOS
    • Offenders abide by conditions of the “Sending State” (where convicted)
    • Supervised in the “Receiving State” (North Carolina)
    • Agree to Waive Extradition as Condition of Transfer of Probation

    ICAOS: Compact Probationer or Fugitive?

    • North Carolina Supervises
    • Remain under Jurisdiction of the Sending State
    • If a violation of the terms of Supervised Probation, warrant comes from the Sending State
    • Warrants Processed through Compact Administrator
    • Warrant and “Authority to Detain and Hold” form
    • Without Authority to Detain and Hold, it is hard to determine whether the person is a “Fugitive” or “Compact Probationer.”

    “What are Fugitive and Out of State Warrants“

    Our Criminal Defense Lawyers Charlotte NC often provide legal representation for NC warrants, out of state warrants, warrants for criminal charges and other types of warrants referred to as a “Governor’s Warrant.” You may have Googled something like, “My friend had a warrant in Florida and was in North Carolina visiting friends. Got up, picked up by the police officers and taken to jail. How long does it take for that state to pick him up?”

    Although we are United States or the United States of America, we are still technically separate sovereigns in each state. Now that means that you can travel throughout the country without having to go through checkpoints as a United State citizen, but if you get in trouble in one state, the matter may be a little bit more complex if you fail to appear or live in another state.

    We do get questions about this on a pretty regular basis and people say, “Can my case in North Carolina be transferred to South Carolina?” Unless it’s a federal court or some very, very unusual set of circumstances, generally speaking, no. There are always exceptions to just about every rule. If you have been charged in North Carolina and you live in another state, generally speaking, you’re coming back to North Carolina.

    The question is, “What if you have charges in another state and you’re being held in North Carolina?” What happens then is the state of North Carolina, through the office of the governor, provides notice to the home state where the charges are, where they have begun, and say, “Hey, we got your person. We have your person in custody. Do you want them?” Then there’s somewhat complicated process of getting that person transferred to a North Carolina jail or prison facility down to the state where the charges are pending. It’s not automatic. It can take a very long time.

    These laws sometimes involve an Interstate Compact and Supervised Probation issues. There are times where we see people sit in jail for months at a time and there are other times where we’re able to explain the circumstances to the judge in North Carolina and obtain a bond or some conditions of release so the person can go to the home state and handle that matter.

    Again, this is very complicated. We ask a host of different questions and we like to explain the process to you. There are some things we can explain and some things we just have to kind of go to court and take a look at. Give us a ring. We offer a free consultation and I’d love to help you out. Call NOW: 704-342-4357