If you have a misdemeanor bench warrant issued in another state, you may wonder, Can I be arrested in California if I have a misdemeanor bench warrant from out of state? The short answer is yes. Police can arrest you if they discover the warrant, but whether you are extradited depends on specific legal procedures. Here's what you need to know about bench warrants, extradition laws, and your rights if you're arrested in California for an out-of-state warrant.

How Out-of-State Bench Warrants Lead to Arrests in California

When a judge issues a bench warrant, it typically gets entered into an interstate database accessible to law enforcement nationwide. This means that if you are stopped by police in California, they can see the warrant and may arrest you on the spot.

However, the process doesn’t end there. After the arrest, California law enforcement must notify the state that issued the warrant. It’s then up to that state to decide whether to request your extradition. If they decline, you may be released from custody, even though the bench warrant remains active.

What Is Extradition and How Does It Work?

Extradition is the legal process of transporting individuals from one state to another when they are wanted for a crime or have an active warrant. In the context of out-of-state misdemeanor bench warrants, extradition involves several key steps:

1. The Demanding State’s Role: The state that issued the warrant (the demanding state) must formally request your return.
2. California’s Role: Before agreeing to extradite you, California will:
   • Verify the validity of the warrant.
   • Conduct a probable cause hearing to confirm your identity and ensure the request is lawful.

If these conditions are met, California may transfer you to the demanding state.

Arrest Likelihood for Out-of-State Bench Warrants

While arrests for out-of-state warrants are possible, they are not always automatic. Misdemeanor warrants, in particular, are less likely to result in extradition due to the costs and logistics involved. States often weigh the severity of the offense against the time and expense required to extradite you. For minor offenses, the demanding state may decide against extradition, leading to your release from custody.

The Difference Between Extradition From and Into California

Extradition from California occurs when another state seeks to bring you back to face charges or resolve a bench warrant. Even if the demanding state requests your extradition, California will not automatically comply. The process requires:

• A formal extradition request.
• A hearing to determine the validity of the request and ensure your rights are protected.

Extradition Into California

In cases where California issues a bench warrant and you leave the state, California can request your extradition from the state where you are found. However, this decision is based on the severity of the offense and the resources required to pursue extradition.

What Is a Bench Warrant?

A bench warrant, often referred to as a “body attachment,” is issued when a person fails to comply with a court order. Common reasons include:

• Missing a court appearance.
• Failing to pay a fine.
• Ignoring other court-ordered obligations.

Unlike arrest warrants issued for criminal activity, bench warrants are administrative but still authorize law enforcement to detain and bring you before a judge.

Can a Bench Warrant Be Recalled?

Clearing a bench warrant, also known as “recalling” or “quashing” it, typically requires action on your part. Courts generally will not drop a warrant automatically. Instead, you (or your attorney) must appear in court to request its removal.

How to Recall a Bench Warrant

You can clear a bench warrant by demonstrating one of the following:

• You did not receive notice of the court date.
• You complied with all conditions of the court order.
• You were unaware that a case had been filed.
• There was an error or mistaken identity.

For misdemeanor cases, your attorney may be able to appear in court on your behalf. However, if the warrant is tied to a felony case, you must appear personally to resolve it.

Protecting Your Rights When Facing an Out-of-State Bench Warrant

If you are arrested in California due to an out-of-state bench warrant, it’s crucial to understand your rights and options. Working with an experienced attorney can help you navigate the complexities of extradition and potentially avoid unnecessary penalties. At Law Office of Michael L. Fell, we are dedicated to defending your rights and ensuring due process every step of the way.

Contact us at (949) 585-9055 to schedule a free consultation and learn how we can assist with your case. Don’t let a bench warrant disrupt your life—take proactive steps to resolve it today.