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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23586
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I went to check in with probation yesterday they told me I

Customer Question

I went to check in with probation yesterday they told me I had a warrant in a different state so they arrested me with out having the warrant in hand spent all day and night in jail finally I said how can I be arrested with out the warrant so they let me out
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

My name is ***** ***** I am an experienced criminal lawyer.

Please tell me what your question is about this incident.

Expert:  Zoey_ JD replied 1 year ago.

Hello,

I was hoping for a bit more information so that I could focus in on what precisely you want to know. You have not, however, responded. So I will give you a general answer based on what you have told me, and if you need to ask follow ups or to clarify your question, you can reply and I'll add to my answer.

An out of state warrant gives the police probable cause to take you in. They don't need the warrant in hand to take you in if it is on your record. They cannot hold you indefinitely, however. If it is a felony warrant, they would contact the other state and find out whether the other state wanted to extradite you for the offense. If they did, they could hold you for at least 30 days for the other state to get their paperwork together and bring you before the judge. On the other hand, when they contact the other state, if that other state isn't interested in coming to get you, they would let them go as soon as they got word of that.

So if you're asking whether you were wrongfully detained, the answer is probably not. You can, however, consult with a local civil lawyer and see if this rises to the level of a suit for wrongful arrest. But the warrant gives them a lawful basis to take you in and to detain you long enough to see if they need take any further action.