What if you have a warrant in a different state?

Question

Accepted Answer

If you have a warrant from another state and you are found in Arizona, Arizona law treats you as a fugitive from justice, and the governor of Arizona has a duty to have you arrested and delivered to the executive authority of the state that charged you, subject to the U.S. Constitution and federal law .

Here is how the process works under the Arizona sources provided:

- Arrest before a formal demand: If a sworn charge or complaint is made before an Arizona judge or magistrate stating that you committed a crime in another state, were charged there, and fled, the judge or magistrate must issue a warrant directing the sheriff to apprehend you wherever you are found in Arizona and bring you before a judge or magistrate to answer the charge .
- Arrest without a warrant: A peace officer or even a private citizen may arrest you without a warrant on reasonable information that you stand charged in another state's courts with a crime punishable by death or imprisonment exceeding one year, but you must then be taken before a judge or magistrate with all practicable speed and a sworn complaint must be made .
- Governor's warrant: If the other state makes a formal demand and the governor decides to comply, the governor signs a sealed warrant of arrest directed to a peace officer or other person entrusted with executing it . That warrant authorizes the officer to arrest you at any time and any place within Arizona and to deliver you to the duly authorized agent of the demanding state .
- Hearing after certain arrests: If you are arrested in Arizona by an officer of another state under the fresh-pursuit provisions referenced in the sources, you must be taken without unnecessary delay before a magistrate in the county of arrest for a hearing on the lawfulness of the arrest; if lawful, you are committed to await the governor's extradition warrant for a reasonable time, and if unlawful, you are discharged .

Limitations of these sources: The provided sources do not address what happens if you are located in the *other* state with an *Arizona* warrant (beyond noting that Arizona's governor may demand your return and issue a warrant to an agent to receive and convey you back ), nor do they cover bail eligibility, time limits for the demanding state to pick you up, or your right to contest extradition — those topics are not addressed in the sources given. For advice about your specific situation, consult a licensed Arizona attorney.