You’ve spent four days in county jail for public intoxication. It’s a minor, first-time offense for you. And, luckily, on your court date the prosecutor is in a good mood and agrees to time served and a fine. You’ll still have to plead guilty and have a conviction on your record, but you’re going home…so you think. Just as you plead guilty to the public intoxication offense, the judge’s clerk announces that he’s just found an out-of-state warrant for your arrest in the National Crime Information Center (NCIC) database. You’re wanted in Alabama for a crime you don’t even remember committing. You’re a fugitive! Now, you’re wondering what’s next? Is the judge going to hold you or let you out on bond?
Just as an arrest warrant, an out-of-state (fugitive) warrant is an official court document issued by a judge or magistrate that allows for law enforcement officials to arrest an individual who is accused of committing a crime and to be taken into police custody. An out-of-state warrant, of course, is issued in a state that is different from where you reside and/or are arrested. As in-state warrants, out-of-state warrants requires law enforcement to have probable cause that a person committed a crime. If the out-of-state warrant is granted, the warrant information is entered into local and national law enforcement databases. This means that an arrest warrant that is issued in Alabama may be viewed by law enforcement officials in Georgia.
The out-of-state arrest warrant will typically contain details about the crime and a description of the individual accused of committing the crime. Further, if a valid out-of-state arrest warrant is issued for your arrest, you may be arrested at any time and in any location and returned to the state where the crime was committed—known as the process of extradition. Extradition is the formal process by which a fugitive arrested in one state (the asylum state) on an extradition warrant is surrendered to another state (the demanding state) for trial or punishment.
Under Georgia’s Uniform Criminal Extradition Act, it is the duty of the Governor of this state to have arrested and delivered up to the executive authority of any other state any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this state. O.C.G.A. §17-13-22. If the Governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the seal of the office of the Governor and directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance. O.C.G.A. §17-13-27.