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If you have a bench warrant in another state, you may be arrested and held until it is determined whether law enforcement will transport you back to the issuing state. You may have options to navigate the situation, including representation from an experienced Columbia criminal defense lawyer.
What Is a Bench Warrant?
A bench warrant is a court order authorizing your arrest. A law enforcement officer who encounters you may be required to arrest you. You may be detained until proceedings commence, or you may have the option to post bail.
About bench warrants
There are several types of warrants. A bench warrant is ordered by a judge for something having to do specifically with court proceedings. Examples are failing to appear in court and non-compliance with probation.
Bench warrants vs. arrest warrants
Another type of warrant is an arrest warrant, which is issued to bring a person into custody to commence criminal charges. Both bench warrants and arrest warrants require a judge’s signature. However, an arrest does not always require an arrest warrant—there are circumstances where law enforcement can arrest without a warrant.
Why Are Bench Warrants Issued?
Bench warrants are issued to bring a person to court and facilitate a person’s participation in court proceedings.
Bench warrants are usually issued when the judicial process has already begun and can even be issued during probation. An arrest warrant typically comes at the start of a case. For both types, the purpose is to have the person respond to the allegations and to continue the judicial process.
Do Bench Warrants Cross State Lines?
Yes. Bench warrants can cross state lines. If you have a bench warrant in another state, you may be held. You won’t face the charges in the state you’re physically in. Instead, you may be extradited to the location where the charges have been issued.
Can You Be Arrested in Another State for an Out-of-State Warrant?
Yes. You can be arrested in another state for an out-of-state warrant. In South Carolina, law enforcement will make an arrest for charges involving one year or more in jail and for capital offenses (S.C. Code § 17-9-10). States share warrant information through a database.
How To Find Out If You Have a Bench Warrant
To find out if you have a bench warrant in SC, you can search the SC Judicial Branch website for active court cases. You can also search a local law enforcement database, if there is one, or contact law enforcement and ask them (they may not tell you, and they may not tell you the truth). The local court may also have a case search function.
Be wary of relying on third-party websites, as they are often inaccurate.
An attorney may assist you in determining if you have a warrant and your best option to address it.
What Are Your Legal Options If You Have an Outstanding Warrant?
If you have an outstanding warrant, you may:
- Turn yourself in and agree to be extradited.
- Turn yourself in and fight extradition.
- Turn yourself in and ask for bond/bail.
- Negotiate the terms of your surrender, including a plea agreement.
- Address reasons for the warrant, including unpaid fees for a bench warrant.
- Travel back to the issuing state.
- Have an attorney enter an appearance on your behalf.
- Determine the best way to turn yourself in.
The options in your case will depend on the nature of the underlying offense, its severity, and the procedure of the jurisdictions involved. If you have an outstanding warrant, a local attorney with knowledge can assist you with the best process to turn yourself in.
Will a Bench Warrant Affect Employment or Travel?
Yes, a bench warrant can affect employment or travel. You may not be hired if a potential employer knows you have a warrant, and you may be arrested at work.
However, a warrant is not a criminal conviction. If your warrant is an arrest warrant and not a bench warrant following conviction, you may still truthfully say that you have not been convicted of a crime.
While a bench warrant is unlikely to interfere with domestic travel, the airline or TSA could refuse to allow you to travel if they suspect you are fleeing the jurisdiction.
International travel carries a high risk of arrest, including while boarding or while transiting entry points. You may also be denied a visa.
Extradition Laws in the United States
Article IV, Section 2 of the U.S. Constitution is the extradition clause. It says that a person who flees justice shall be delivered to the state with jurisdiction if that state’s executive demands it. Additional authority for extradition in the United States comes from 18 U.S.C. § 3182. The law authorizes the arrest and return of a person with a warrant. The issuing state has up to 30 days to facilitate transportation.
South Carolina is only one of two states that have not adopted the Uniform Criminal Extradition Act. Because South Carolina doesn’t participate in the UCEA, the process differs slightly from other states.
Contact an Experienced Columbia Criminal Defense Lawyer
For help from an experienced Columbia criminal defense lawyer, contact our experienced attorneys at Shealey Law Firm.