What is a Non-Extraditable Warrant in DC?
- A non-extraditable warrant means that if the subject is stopped outside the jurisdiction that issued the warrant (in this case, Washington DC), they will be released and not arrested.
- With a non-extraditable warrant, law enforcement authorities can only arrest the subject when they are physically located within Washington DC.
- In contrast, if a warrant is extraditable, the subject can be arrested in any state at any time and will be held in custody until transported back to the jurisdiction that issued the warrant.
Factors Determining if a Warrant is Extraditable
- Whether a warrant is extraditable or non-extraditable is decided when the warrant is issued, generally based on the severity of the offense.
- More serious charges like felonies are typically extraditable, while less serious offenses may be non-extraditable.
- The decision is often based on the costs the issuing jurisdiction would incur to transport and house the arrested individual, which may not be worthwhile for minor offenses.
Procedures for Non-Extraditable DC Warrants
- If stopped outside DC for a non-extraditable DC warrant, the subject will be advised of the warrant but released without arrest. You can read more about the procedure here.
- To resolve a non-extraditable bench warrant, the subject should contact a DC failure to appear lawyer to plan to voluntarily appear in DC court with counsel at the earliest available date.
- The lawyer will attempt to get the warrant quashed so the defendant can remain free on a personal promise to appear at future hearings, but jail time is possible until the next hearing.
To recap, a non-extraditable DC warrant means the subject can only be arrested within Washington DC itself, not in other states. This is in contrast to an extraditable warrant, which allows arrest and transport back to DC from anywhere in the country. Extradition status depends on the severity of the offense. Consulting a DC lawyer is advised to resolve an open non-extraditable warrant.