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If I have an arrest warrant in NY for a misdemeanor, can the NYPD go to MA, CT, or PA to arrest me?

Flatbush, New York, NY |

Or can they command the local police in MA, CT, or PA to do so? Or would the local police have to detain me for some other reason (like a traffic stop) and then run my name?

Attorney Answers 3

Posted

If you get stopped or pulled over in one of those states you will be held until the DA in New York decides if they want to extradite you. It is unlikely they will do that for a misdemeanor unless you are stopped not too far from the county you are wanted.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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5 comments

Asker

Posted

but if I stay out of trouble in one of the other states, can the NYPD go to those states themselves? or tell the local authorities to detain me even though I've done nothing wrong in their state?

Eric Edward Rothstein

Eric Edward Rothstein

Posted

The NYPD would have to get a warrant in New York and then have the local police pick you up. It is unlikely for a misdemeanor.

Asker

Posted

which stage is unlikely? they are unlikely to get a warrant, or they are unlikely to have the local police pick me up? assuming they get a warrant, they can tell the local police to pick me up even if I do nothing wrong in the local police's jurisdiction? thanks

Eric Edward Rothstein

Eric Edward Rothstein

Posted

The NYPD is unlikely to get a warrant for you. If they do they can have the other state pick you up even if you have not done anything wrong in that state. You should consult with a criminal defense lawyer. Running may not be necessary.

Asker

Posted

why is the nypd unlikely to get a warrant for a misdemeanor? If the misdemeanor concerns domestic violence assault, don't they take domestic violence seriously?

Posted

Several answers. If you get stopped for any reason and the police officer does a check, the NY warrant will show up and you will be detained. You may be detained briefly or for 30 days depending on what the local judge decides. NY does not pursue extradition for misdemeanors and eventually you will be released. It seems you have two choices, live impeccably and avoid others who might hit your vehicle etc., or get an attorney to defend your case in NY

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Posted

Yes, and then it is the decision of the local prosecutor to determine if a misdemeanor warrants extradition if you decline to return willingly.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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