How to Handle a Florida Warrant from Another State

If you discover you have a Florida warrant but you live in another state, it is a serious situation. If you do not take action, you run the risk of being arrested in your home state and held until you can be extradited to Florida. This process can take a very long time and could cost you your job, especially if the warrant is for a felony. However, if the warrant is for a misdemeanor, you may not be subject to extradition at all. Misdemeanor warrants are typically non-extraditable, meaning that other states generally will not arrest or detain someone solely on a Florida misdemeanor warrant.

Still, having an active warrant is not something you should ignore. Even non-extraditable warrants can appear on background checks, affect your driver’s license, and disrupt your life in other ways. It is important to act promptly and strategically to protect your rights and minimize disruption.

Here is what you need to know and how you can handle a Florida warrant when you live in another state:

What Happens if You Have a Florida Warrant in Another State

• Arrest: If you have a Florida warrant against you, law enforcement in your home state has access to outstanding Florida arrest warrants and can easily find out if there is one for you because states share warrant information through national databases.  If they find an active Florida warrant, you can be arrested and taken into custody.
• Extradition Process: After your arrest, Florida authorities have up to 30 days to decide whether to request your extradition back to Florida. During this time, you may be held in local jail. If Florida does not act within 30 days, you may be released, but the warrant remains active, and you could be arrested again in the future
• Know Your Rights: You have the right to contest extradition (which involves requiring Florida to obtain a governor’s warrant) or waive extradition and agree to be returned to Florida. Waiving extradition can speed up the process, but you should consult an attorney before making this decision. There are other rights you have when arrested including your right to remain silent (Miranda rights) and to ask for an attorney.

How a Florida Criminal Defense Attorney Can Help

If you are in another state, you should look for a Florida attorney who can help you evaluate the warrant, advise you on your rights, and represent you throughout the process. Here are some ways your attorney can work for you:

• Evaluate the Warrant: The attorney will review the details of the warrant and the underlying charges to determine the best course of action.
• Communicate with Authorities: The attorney will act as your intermediary, handling all communications with law enforcement and prosecutors, which can be especially helpful if you are out of state
• Resolve the Warrant Remotely: In many cases, a Florida attorney can communicate with law enforcement and prosecutors on your behalf, potentially resolving the warrant without you having to travel to Florida. This may involve negotiating a plea, arranging a voluntary surrender, or even getting the warrant quashed if there are legal grounds
• Avoid Unnecessary Arrest: By being proactive, you can avoid being arrested unexpectedly, which can disrupt your job, family, and record. An attorney can help you take control of the situation before law enforcement does
• Protect Your Rights and Interests: An attorney will ensure that your rights are protected throughout the process, help you understand the potential consequences, and work to minimize penalties or avoid conviction where possible.
• Negotiate Surrender or Plea: Attorneys can negotiate terms for your surrender, arrange for a voluntary appearance, or work out a plea agreement that minimizes your exposure
• Represent You in Court: If your case goes to court, the attorney will represent you and advocate for your rights, whether in extradition hearings or in Florida court proceedings

Get Help if You Have Received a Florida Warrant

If you are in another state and have a Florida warrant, whether for a DUI or any other crime, the experienced criminal attorneys at Taracks & Associates can help. Founding attorney Barry Taracks is a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by making sure your rights are protected, challenging the credibility and reliability of the evidence against you, and building a defense tailored to your individual situation.