Finding out that another state has issued a warrant for your arrest can be alarming. These warrants come up for a variety of reasons in Oklahoma, of which missing a court date and violating the terms of your probation are just a couple of examples.
Regardless of why the warrant was issued, however, itโs important to keep in mind that it wonโt go away because you’ve crossed state lines. Oklahoma has a legal obligation to cooperate with other states when it comes to returning individuals who are wanted elsewhere.
An experienced criminal defense attorney can help you understand your legal rights and options, but here’s how the process generally works in the meantime.
How Out-of-State Warrants Are Tracked
If a warrant is issued for your arrest in another state, that information is entered into the National Crime Information Center (NCIC) database. This is a nationwide system that law enforcement agencies across the country use to share warrant information. It means that any routine encounter with police in Oklahoma could flag the warrant and lead to your arrest.
Once you’re taken into custody, the arresting authorities in Oklahoma will notify the state that issued the warrant. From there, that state has to decide whether it wants to pursue your return. For serious charges like felonies, the answer is almost always yes.
For lower-level offenses like minor traffic violations, the requesting state may choose not to go through the expense and logistics of bringing you back. Nonetheless, the warrant will remain active on your record until it’s resolved.
How Extradition Works in Oklahoma
Oklahoma adopted the Uniform Criminal Extradition Act (UCEA) in 1949, and the process is governed by 22 O.S. ยง 1141.1 et seq. The U.S. Constitution also requires states to return fugitives under the Extradition Clause in Article IV, Section 2. In practice, this means Oklahoma will cooperate with extradition requests for valid warrants.
After you’re arrested, you’ll typically be brought before a judge in an Oklahoma district court for an extradition hearing. During that hearing, the court will look at whether:
- The extradition paperwork is in proper legal form
- You are actually the person named in the warrant
- The warrant was issued by a state with jurisdiction over the alleged offense
One thing the Oklahoma court will not do is evaluate whether you’re guilty of the underlying crime. That question is left entirely to the courts in the requesting state.
What Rights Do You Have During the Extradition Process?
Even if another state is seeking your return, you still have important legal rights throughout the extradition process. Depending on your circumstances, you may have the right to:
- Challenge the extradition through a writ of habeas corpus
- Be represented by an attorney during the proceedings
- Waive extradition and voluntarily return to the requesting state
If the court determines that the legal requirements for extradition have been met, you’ll remain in custody until the requesting state arranges your transfer. In some situations, if the requesting state does not take custody within the applicable time period established by law, you may be eligible for release.
Contact Overman Legal Group To Schedule a Free Consultation With an Oklahoma City Criminal Defense Attorney
An outstanding out-of-state warrant in Oklahoma can disrupt your life in ways you might not anticipate. In addition to the risk of being arrested during a routine traffic stop, it can show up on background checks and create problems with employment and housing down the line as well.
Call Overman Legal Group today at (405) 605-6718 to schedule a free consultation with an Oklahoma City criminal defense lawyer to learn about your best plan of action going forward. It may still be possible to form an effective response to the warrant and end up with a favorable outcome.
