Fugitives have left the jurisdiction in which they were charged or found guilty to prevent further legal action. When an individual is sought for criminal activity in more than one state, that state can obtain a fugitive warrant (known as an “arrest warrant”) in their home state.
The purpose of an arrest warrant is to ensure that a wanted person appears in court to settle any outstanding legal matters. If a law enforcement officer stops your car with your kids in it, it could be disastrous if you have an outstanding warrant.
Your bench warrant can be removed or voided with the assistance of legal counsel. Understanding what bench warrants are and how to get a fugitive warrant lifted.
Who Issues Fugitive Warrants?
A judge will grant a Fugitive Warrant when presented with a vital document or allegation from another jurisdiction. Suppose suspect has been convicted or sentenced for crime in another jurisdiction, has fled from imprisonment, and has broken the terms of bail, license, or freedom. In that case, the petition must allege that the defendant is a fugitive. Factual information must allege that the individual committed the offense or was punished in that other state.
How To Get a Fugitive Warrant Lifted?
A fugitive Warrant IS Lifted when you are present in the trial alone or with legal representation, this is typically required to clear or dismiss a Fugitive warrant. A misdemeanor citation will demand your physical court appearance be cleared or removed. It’s also possible to have the warrant thrown out if it was delivered in some fashion other than the one specified in the warrant.
1. Appearing in Court
You must appear before the magistrate who granted the arrest if a law enforcement officer arrests you. Still, you can ask to be taken to trial in the jurisdiction where you have been detained instead. The judge who was supposed to hand down your sentence cannot hear your case if you fail to appear.
An attorney’s presence at a court hearing is advisable, as it sends a message to the judge that your refusal to show is significant. It allows the lawyer to make a case for why their client should be released from further legal consequences.
2. Hiring an Attorney
One option to deal with a fugitive warrant is to see a lawyer. The fugitive will be informed of their rights, which may vary depending on who issued the warrant. Lawyers can also inform the accused of their rights and explain the legal process should they be arrested.
Individuals who can afford it should see an attorney. However, there is no assurance that a fugitive warrant can be dismissed. To that end, they should verify that the attorney is well-versed in federal and state laws. It has represented clients to ensure they receive the best possible representation and are not unfairly prosecuted.
3. Safe Surrender
Fugitive surrender participating nations, municipalities, and suspects can turn themselves in at any partnering location. Sometimes, fugitives require reassurance that they’ll be compensated equally, and a religious community might supply that.
Furthermore, the court and prosecution agency will give them “beneficial factors” if they surrender safely. There will be a window of opportunity for four days following the warrant’s issuance, during which you can exercise this choice. Without concealment, authorities will be able to locate and apprehend them.
With the death certificate in hand, the warrant is canceled, and the matter is ended. We’re not advocating that fugitives fabricate their deaths; instead, they should accept the blame for their acts. But because we’re discussing warrant cancellations, we should emphasize that death can be one reason for this.
What Happens In Failure To Appear in Court?
Failing to show up on the stated date in a notice or in compliance with a jury’s verbal order to show up is among the most likely to cause courts issue bench warrants. A registrar will usually provide a print of court documents that include the planned date. Suppose they don’t appear in court to have the warrant lifted. In that case, the judge could impose a bench warrant (unless it’s an emergency, in which case an arrest warrant would be issued).
Also Read: How To Get Rid of a Warrant?
How long can you stay a fugitive?
California must release the person if action is not taken within 90 days. In other words, the offender could spend up to 90 days in detention if they insist on an identity hearing. In comparison, they would only spend 30 days if they waived extradition.
What is the difference between a fugitive and a criminal?
For state and federal law purposes, “harboring a fugitive” means intentionally providing a haven to a wanted criminal. When one person commits crime and avoids being caught and punished with the help of another, this is a crime of protection.
Final Words On Fugitive Warrant
Finally, it is possible to get a fugitive warrant dismissed. However, it is challenging. The fugitive can help the case by presenting himself as a respectable citizen by either surrendering or asking for a trial date. The plaintiff’s chances of having the warrant withdrawn and their available options can be significantly improved if they have access to legal representation.
Hi, I’m Brian Gary; I have my Doctor of Juridical Science (SJD) degree from SMU Dedman School of Law in Dallas. Over the years, I have dealt with many families and successful corporate Legal cases. I have counseled many people on legal matters, and along with my profession, I write about Law on my blog. Please feel free to contact me for counseling/case discussion; I’ll be happy to help you.