Posted on 10/24/22

A 29-year-old man from Texas was arrested and taken into custody based on multiple warrants, all for the promotion of child pornography. The man was a fugitive who had fled to Oregon to avoid arrest in Texas. He was staying in a motel in John Day, Oregon, and had been on the run from Texas authorities for over two months. Oregon will extradite the man to Texas so he can face charges there. Another fugitive was arrested in John Day on charges of unlawful entry into a motor vehicle and trespassing. A third man was arrested for an outstanding probation warrant issued outside Grant County, Oregon. 

What Happens When a Defendant is Arrested as a Fugitive Outside of Texas?

When a court issues a warrant for someone’s arrest for a crime committed in Texas, the crime must be prosecuted in a Texas court. If a person charged with a crime flees Texas, they are considered a fugitive. If law enforcement officers and another state arrest them, they will be extradited to Texas. The process of bringing a defendant back to Texas to answer criminal charges is called extradition. Extradition is expensive, so it is usually only done in felony cases. 

What Should I Do if I Left Texas With a Warrant Out for My Arrest?

If you have an outstanding misdemeanor or felony warrant against you that was issued in Texas, we recommend reaching out to a criminal defense attorney as soon as possible. You may be able to avoid the extradition process by voluntarily traveling back to Texas and facing the charges against you. Doing so can help you avoid more serious charges. If you have already been arrested by law enforcement in a state other than Texas, it is crucial that you hire an experienced criminal defense attorney as soon as possible.

Under Texas law, those who were arrested and awaiting extradition used to be required to be taken before a court of record in Texas. Because of this requirement, the transfer of the defendant was often delayed. Waiving extradition can speed up the process so that the defendant can be brought to Texas sooner and released on bond.

As a defendant, you can now be taken before a Justice of the Peace serving a precinct in a county bordering another state as an alternative to being taken before a judge or Court of Record in Texas. You can also attempt to test the arrest’s validity and legality by filing a writ of habeas corpus. You are entitled to be informed of your right to the issuance and service of an extradition warrant and the right to obtain a writ of habeas corpus.

Criminal Defense Attorney for Extradition to or From Dallas/Fort Worth, Texas

If you are being detained and awaiting extradition back to Texas, or you are being detained in Texas and awaiting extradition to another state, it is crucial that you contact an experienced criminal defense attorney. Contact the attorneys at Abel Law Firm today to learn more about your legal rights and options.

Flower Mound Office

Phone: 972.584.7837

Denton Office