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-   -   Bench warrants (https://www.askmehelpdesk.com/showthread.php?t=85547)

  • Apr 23, 2007, 04:26 PM
    cavchris
    Bench warrants
    If they issue a bench warrant in one state but you live in another about 1,900 miles away can they issue it in a different state or is it you just can't go back there or you will be arrested.
  • Apr 23, 2007, 04:43 PM
    Kstar4u
    In today's world... we live in a "global village". A bench warrant issued anywhere in North America (except Costa Rica) shows up. It all depends on if the crime that was committed is worth exdradition.
  • Apr 23, 2007, 08:53 PM
    Clough
    A bench warrant is a warrant for your arrest. It doesn't need to be issued again in another state.

    Here's an example: Let's say that you are stopped for speeding the state where you live. The police, state trooper or whoever stopped you for speeding takes your license back to their squad car and does the usual background check on you. The warrant for your arrest will show up, and you will be arrested by them. They will let the authorities in the issuing state know that you have been arrested. Then comes the extradition process.
  • Apr 23, 2007, 09:22 PM
    Fr_Chuck
    Yes as you have noted a warrant is valid anyone in the 50 states, they will show up on a system called the NCIC that police normally run when they do a traffic stop on you.

    So what happens if you are stopped for speeding lets say, they get a hit, and it shows you are wanted in another state for a warrant, so they hand cuff you and put you in the back of their car while they wait and report this to the state you are wanted in.

    That state has from 30 min to 45 min ( while you are sitting in the back of their car) to tell the state that just caught you, if they are willing to pay to have you sent back, if they say no, not at this time, you are released but the warrant stays valid and you can be stopped time and time again on it.

    If they say yes they will pay to have you bought back then you will be taken to the jail and held for a extradition hearing, unless you waive the hearing, and you are taken back to the place with the warrant on you.

    So with 1900 miles, if this is over a traffic ticket or a very minor crime, most likely they won't pay to have you brought back, ( but if they really don't like you, or the court that issued this said to bring you back regardless, you will be bought back
    You could not believe how many people I caught each week doing minor traffic stops ( which is why so many officers do those sillly minor traffic stops, almost all of my felony arrests came from tail lights out, or rolling though a stop sign and I found someone wanted on a warrant
  • Dec 8, 2012, 07:21 AM
    Black_Butler
    Fr_Chuck I heard that you can be held 10 to 20 days while the state makes up their mind about whether to extradite you back. Is this true? I currently have a E Misdemeanor for Speeding in Maine but live in Indiana. I am currently employing a lawyer in Maine to work this out but was wondering about this because me not showing up for work for 1 and a half to 3 weeks would be a problem if they issued a bench warrant. My lawyer assured me a bench warrant would not be issued right now but I would like to know worse case scenario and all could they hold me for that long?

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