What determines if a bench warrant is a felony or misdemeanor ?
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What determines if a bench warrant is a felony or misdemeanor ?
Hello guess:
The warrant is for your arrest. It has nothing to do with the crime you were charged with. It has to do with you not showing up for court.
excon
The crime you are charged with is the felony or misdemeanor, the warrant is merely that a order for your arrest.
If it is for not appearing, in court it is for that for the offence you were charged with.
So basically you start back at step one?
Is a bench warrant fully extraditable?
Hello again, guess:
No, a warrant is simply for your arrest. Once you've been arrested the arresting jurisdiction will contact the other jurisdiction and tell them to come get you.
You DO have the right to fight extradition. But, none of that has to do with the warrant.
excon
So they can extradite you over a bench warrant for a felony charge?
They may extradite you on any warrant, felony or not, depending if the agency where the warrant is issued is willing to pay to have you bought back. As a officer I have had them bought back for tresspassing to some places, and had them refuse for arm robbery if it was too far for them to come.
So after you are found, it is up to the department over that warrant to decide what to do. If they don't take you at that time, the warrant stays active.
If they want you bad enough where the bench warrant was issued, yes, they will send for you or come and get you themselves. Warrants never expire either.
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