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Yes, if someone has an outstanding warrant in another state, the person named in the warrant can be arrested in Louisiana and extradited to the state that issued the warrant. Extradition is the legal process by which one state arrests an individual wanted for a crime and holds them until law enforcement from the state where the warrant was issued comes to collect them.
While Louisiana is still legally obligated to participate in extradition, per federal law, the process is a little different because the state has not adopted the Uniform Criminal Extradition Act. However, Louisiana still honors extradition requests, so your warrant won’t disappear just because you’ve crossed state lines. You have a right to representation from an experienced Lake Charles criminal defense attorney, and it’s a good idea to get legal advice as soon as possible.
Yes, if you’re wanted for a felony in another state, especially a serious one, the state that issued the warrant will likely push for extradition. State warrants for a felony are more likely to result in extradition than those for a misdemeanor, as the process can be expensive, and may not be “worth it” for a petty crime that carries no jail time.
However, any outstanding warrant can give you trouble, even a misdemeanor one. Open warrants often show up on background checks, which could affect whether you get a job or an apartment. It could also limit your ability to travel, especially across state lines or out of the country.
a written explanation for why the person is being sought. The demanding state must also provide one of the following:
These legal orders must be complete and properly submitted to be recognized by Louisiana. If the paperwork is missing or incorrect, it may delay or prevent the extradition process. But if the requirements are met, Louisiana law enforcement can arrest the person named in the warrant and begin the extradition process.
The Uniform Criminal Extradition Act (UCEA) is an extradition law adopted by nearly all U.S. states that standardizes the process. However, the states that have not adopted UCEA do not have to abide by its provisions; only the laws regarding extradition between states issued by the federal government.
In non-extradition states, the process is more challenging for the demanding state, and the rules may create additional hurdles that the demanding state may not feel are worth the expense of overcoming. However, you never know what the state that issued your warrant will decide, and it’s not a good idea to bet on it waiving extradition. Call a lawyer.
Your lawyer can examine the extradition request to ensure its validity, confirm the required documentation, and clarify that you are the person charged with the crime. If it’s a case of mistaken identity or if the demanding state hasn’t complied with Louisiana laws, we challenge the extradition request.
Your attorney can also negotiate the terms of surrender with the authorities if extradition is unavoidable. This can lessen the impact of the extradition on your life and enable you to make arrangements for representation in the issuing state.
The legal process can be complex and stressful, especially if you’re unfamiliar with how extradition laws work in non-Uniform Criminal Extradition Act states like Louisiana. You shouldn’t wait to see what happens or assume the matter will disappear on its own.
Working with an experienced Lake Charles criminal defense lawyer can make a significant difference. The Johnson Firm can help you take the right steps to protect your rights and minimize disruption to your life. Call (337) 433-1414 or contact us online today to schedule a confidential consultation.