How does Connecticut handle out-of-state warrants?

How Connecticut Handles Out-of-State Warrants

Dealing with an out-of-state warrant can be a confusing and stressful situation. This article aims to provide a helpful overview of how Connecticut handles these cases, the laws involved, and what your options are if you find yourself in this predicament. We’ll discuss the extradition process, bail and bond considerations, and the pros and cons of different legal strategies. Our goal is to empower you with knowledge so you can make the best decisions for your unique circumstances.

The Extradition Process

Extradition is the formal process by which a person accused or convicted of a crime in one state is arrested and returned to the state where the crime occurred. Most extradition cases involve an out-of-state warrant from an out-of-state agency [3].

Connecticut has adopted the Uniform Criminal Extradition Act [1], which establishes the rules and procedures for extraditing fugitives to and from the state. Under this law, the Connecticut Governor has the power to demand that a fugitive be arrested and delivered to Connecticut, or to surrender a fugitive to another state upon demand.

Once an out-of-state warrant is issued, the agency can request a Governor’s Warrant from the Connecticut Governor’s office. This turns the warrant into a legal demand that the person be arrested and extradited. However, the Connecticut Governor has discretion on whether to grant extradition or not [1].

If you are arrested in Connecticut on an out-of-state warrant, you will be brought before a judge and informed of the charges. You can waive or fight extradition. An extradition hearing will be scheduled where you can challenge the legality of the warrant and extradition. If you lose, you’ll be extradited.

Bail and Bond Considerations

A major consideration with out-of-state warrants is the bail/bond amount set. Judges often set higher bonds for people with out-of-state residency since they are viewed as flight risks [4].

As an out-of-state resident, you may have to pay the full bond amount upfront instead of using a bail bondsman. You’ll also likely need to surrender your passport. The judge may require you to stay in Connecticut until the extradition hearing.

If you make bail after an arrest, you are generally free until the extradition hearing. But you must return for all hearings or risk forfeiting bail and facing new charges [3].

Turning Yourself In

If there is a warrant for your arrest in Connecticut, but you live out-of-state, you may be able to voluntarily surrender to authorities instead of being unexpectedly arrested. This allows you to proactively work with a lawyer to arrange the surrender [5].

Your attorney can coordinate with police to set a surrender date. You may be able to negotiate doing this in your home state to avoid extradition. Your lawyer can also petition the judge in advance to set reasonable bail.

Voluntary surrender gives you more control over the process and ensures police don’t arrest you at an embarrassing or inconvenient time. But the warrant remains active until you surrender, so you risk arrest if stopped by police [4].

Contesting Extradition

You have the right to challenge extradition by contesting the legality of the out-of-state warrant. Reasons to contest extradition include [3]:

• You are not the person named in the warrant
• The warrant lacks probable cause
• There are errors or defects in the extradition documents
• You have already resolved the charges in the other state

An extradition hearing will be scheduled where you can raise these defenses and call witnesses. If successful, the judge can deny extradition. But contesting extradition can prolong the process.

Waiving Extradition

You also have the right to waive extradition proceedings and voluntarily agree to return to the other state. Some reasons to consider waiving extradition include [3]:

• Avoid spending time in jail in Connecticut awaiting extradition
• Expedite your transfer to the other state to access bail and begin your defense
• Strategic reasons if the case appears indefensible

Waiving extradition means giving up the right to contest it. But it speeds up the process and gets you to the other state faster to deal with the charges.

Hiring an Attorney

Having an experienced criminal defense lawyer is highly recommended if you have an out-of-state warrant. A lawyer can proactively work to mitigate damages, negotiate surrender or bail terms, contest extradition if warranted, and begin building your defense strategy [4].

Ideally, you’ll want to hire attorneys in both Connecticut and the state that issued the warrant. This allows you to fight extradition in Connecticut while also starting work on your defense in the other state.

Resolving the Charges

Once extradited, your focus will shift to navigating the criminal justice system in the demanding state and working toward the best case resolution. This may involve negotiating with prosecutors, filing motions to suppress evidence or dismiss charges, mounting affirmative defenses, or taking the case trial.

An attorney familiar with the laws and courts in that state will be indispensable in developing an effective strategy. Resolving the charges as favorably as possible should be your ultimate goal.

Avoiding New Charges

If you are released on bail after an arrest in Connecticut, it’s critical to comply with all conditions of release. Failure to appear at Connecticut hearings related to your extradition could result in new charges for bond forfeiture, failure to appear, or even larceny [3].

These new charges could negatively impact your case. You could face extra jail time, higher bond amounts, or prosecutors less willing to offer a favorable plea deal. Avoid the temptation to flee from either state, as this will only amplify your legal troubles.

Conclusion

Dealing with out-of-state warrants and extradition is a complex process with serious implications. Take the time to understand Connecticut laws and procedures. Consulting with knowledgeable criminal defense attorneys is highly advised. With proper legal guidance, you can make informed decisions at each phase of the process. The goal is achieving the best possible outcome for your unique situation.