Legal Question in Criminal Law in Massachusetts
Arrest warrants
If a person has an outstanding default arrest warrant issued against them in a MA court, can this still affect them if they live in another state?
6 Answers from Attorneys
Re: Arrest warrants
Yes it could. If you were arrested and the courts ran an out of state record, they would see that you have a warrant outstanding in Massachusetts. It is also possible the your state's Registry of Motor Vehicles might have record of it as more states are sharing this type of information which means it might be noted if you are stopped or when you attempt to renew your license. If this is the case, you will be held until Massachusetts determines whether or not they want ot bring you back to the state to face the charges.
Re: Arrest warrants
yes. If stopped in another state, you may be held for transport to Massachusetts to face the charges. Which town do you have a default out of? What is the offense for?
Re: Arrest warrants
Are the charges misdemeanors or felonies? What are the exact charges? If the warrant was issued into NCIC (The National Criminal Warrant Database) and you are stopped in another state MA can ask that you be extradicted back to MA. There are many factors that are considered before a state decides whether to pick up a fugitive. If you would like to discuss this further please contact me at 617-835-8733. Martha Kovner
Re: Arrest warrants
The most concise answer is yes. A warrant from another state will trigger an arrest in NEW YORK if and when it is discovered. An example may be during a routine traffic stop, therefore I recommend answering the out of state charges sooner rather than later.
Re: Arrest warrants
It depends on the charges but the best is answer is, "yes". A warrants check could be run with your next police contact such as a speeding ticket etc. and you would get arrested on the warrant out of state and have to be extradited back which would mean weeks in custody.
Re: Arrest warrants
As I read the reponses of the other attorneys to your question, they are all accurate, but I believe Attorney Kovner has given you the most complete answer. Long story short -- although you may be arrested and even held for a period of time in another state as a result of a default warrant, the jurisdiction that issued the warrant has to then decide whether to bring you back to face the music. That is an expensive process, generally requiring that they send two deputies to go pick you up whereever you're being held. As you might imagine, no jurisdiction is going to pay to send two officers to, say, California, to pick you up because you defaulted on a $100 larceny hearing. That said, however, you might spend quite a bit of time sitting in jail in California until the whole thing gets resolved. In addition, you would be subject to arrest every time a police officer ran a check on you. On the flip side of the coin, if you are, say, a murder suspect, then of course the Massachusetts jurisdiction would go retrieve you from the California jail.
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