A fugitive warrant is a legal document authorizing law enforcement to arrest someone who has fled a state or country to avoid punishment. Extradition proceedings are required in the US to return the person to the original jurisdiction. Warrants have no statute of limitations and can be issued for minor crimes. Extradition treaties and the European Arrest Warrant regulate the arrest and return of fugitives.
A warrant is a legal document issued by a member of the judiciary, such as a judge or magistrate, authorizing someone, such as a law enforcement officer, to perform a specific task. Someone who has fled a state or country where they have been accused or convicted of a crime to avoid arrest, prosecution, or punishment is known as a fugitive. A fugitive warrant is a warrant for the arrest issued in one jurisdiction for a person wanted in another jurisdiction.
In the United States, once a suspect has been arrested under this type of warrant, extradition proceedings are generally required to return the person to the original jurisdiction to face charges or jail time. This type of warrant became a common tool used by the Texas Rangers in the 1800s, but was initially challenged and upheld by the United States Supreme Court in 1906 in Appleyard v. Commonwealth of Massachusetts. Appleyard fled to New York after being indicted in Massachusetts for grand larceny, and the prosecutor appealed to the New York governor to issue a warrant for Appleyard’s arrest. The governor complied and arrested Appleyard.
One of the benefits of the mandate is increased cooperation between law enforcement agencies. There is also a deterrent effect on crime when a criminal knows that he cannot escape arrest simply by running to the next state or country. Through this process, communities can be protected from criminals and the rights of the accused are protected through the extradition process.
Felonies and crimes that are not considered capital offenses generally have a statute of limitations, a period of time after which a crime cannot be prosecuted unless the person has been charged. For example, a ten-year statute of limitations on tax debt means that a person cannot be charged with tax evasion more than ten years after it occurred. Warrants, however, do not have a statute of limitations, so once a fugitive warrant is issued, the statute of limitations for the particular crime is suspended because the justice system met its requirement with the filing of charges.
This type of warrant is not only issued for serious crimes, but often for minor crimes. Some US cities have instituted safe surrender programs that allow people with outstanding warrants to surrender themselves to authorities without force and receive an immediate hearing and resolution of their cases. In many cases, cases can be resolved through the payment of a fine.
While legal terminology may vary between jurisdictions, it is common practice in most countries to issue fugitive warrants or international warrants for fugitives from justice fleeing from one jurisdiction to another. Many countries have extradition treaties that establish specific procedures for the arrest and return of fugitives to their place of origin. Among European Union member countries, extradition has been replaced by a European Arrest Warrant (EAW), and EU regulations specify the types of crimes covered by the agreement.
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