When a state agent seizes someone and is notified they have an active arrest warrant from another agency, the state agent usually a cop dispatches and seeks the records to confirm it is a valid warrant. If the warrant is from another county in Ohio, the person will be held until the agency comes to get them. Usually within a week if in Ohio. When the warrant is from out of state, for example, the person has a warrant in Ohio, but is picked up in California. California will notify the sheriffs department in the County of Ohio where the warrant is valid.
Typically, the suspect will have court in the State they are found. This is where it is important not to contest extradition. All that does is delay the process. The only two defenses to extradition the defendant will have to show that he’s definitely not the person named in the warrant, or show that he will be harmed if he is extradited. These efforts are very seldom successful.
If the defendant does not oppose the extradition, or if he does oppose it and the judge rules against him after an extradition hearing, the judge will set a time limit for the jurisdiction holding the warrant to retrieve him. This is typically 1–2 weeks, but the time is discretionary for the judge. If the jurisdiction holding the warrant doesn’t show within the time limit, the defendant can petition to be released.
If that happens, it doesn’t invalidate the warrant. He can be arrested again, until he is either extradited back or the local jurisdiction decides the original jurisdiction has no intention of coming to get him, no matter what they might say.
Incidentally, if the warrant does have a bail authorized (most of them do), the fugitive can’t post the bail until he is booked in the jurisdiction holding the warrant. He might ride back with the extradition team with the cash bail in his pocket, but it’s useless to him until he gets to the receiving jail.
If you have a felony warrant in Ohio and and picked up out of state, it is important to hire a Criminal Defense Lawyer. At Rutan law, we would properly advise clients to immediately execute the waiver absent it being the wrong individual. Secondly, and most importantly, I will contact the prosecutors office and try to get the warrant set aside which would result in the person being released from jail in the State they are but would also have to return to Ohio. Finally, if the warrant cannot be lifted, I would advise the appropriate agencies to advise them of where the accused is to help expedite the process.
Call or Text attorney John P.M. Rutan if you are in need of assistance. 614-307-4343.
Don’t get pulled in the wrong direction.
