Bench Warrant: Travel Abroad?

Travelling abroad with a bench warrant is not advisable, as it is often interpreted as an attempt to evade justice. If you have a bench warrant and travel to another country, there is a high chance of being detained at the border by law enforcement and charged with fleeing justice. Even if you manage to leave your country, the country you are visiting might deny you entry if they find out about your warrant.

Travelling to the US with a bench warrant

Entering the US with a Bench Warrant

When a foreign national arrives at a US border or a US pre-clearance location with a bench warrant, the US Customs and Border Protection (CBP) will confirm the validity of the warrant with the issuing jurisdiction. If the warrant is valid, the CBP will coordinate with that jurisdiction to ensure the traveller's arrival, which may result in an arrest and extradition to the issuing locality. This can occur even if the warrant is from a different state than the one being travelled to. For example, a Canadian citizen driving from Ontario to Michigan can be arrested due to a valid bench warrant from Ohio.

Denial of Entry and Arrest

If the warrant is considered "non-extraditable", the individual may not be arrested but could be denied entry into the US. Additionally, if you are flying into the US and have a layover in an American airport, you can be arrested due to an outstanding warrant in any state. Therefore, it is crucial to address any outstanding warrants before attempting to travel to the US.

Domestic and International Flights

While it may be possible to board a plane in the US with an active warrant, the likelihood of being stopped at the airport due to a warrant varies based on its specifics. Domestic flights within the US generally do not pose legal problems for state-specific warrants. However, for warrants spanning multiple jurisdictions, consulting with the airline and local law enforcement before booking is recommended. International flights, on the other hand, involve additional database checks during security procedures, increasing the chances of being detained due to an outstanding warrant.

Recommendations

To minimise legal risks and unexpected interruptions, it is advisable to consult with a lawyer before attempting to travel with an active warrant. Obtaining a hold or a stay on the warrant may be helpful if unexpected travel becomes necessary. Additionally, individuals with criminal records or warrants may require a US Entry Waiver to gain entry into the US.

Travelling internationally with a warrant

Travelling internationally with an active warrant is highly risky and generally not advisable. While it may be possible to board a plane, there is a high chance of being detained at the border by law enforcement and charged with fleeing the country.

When travelling, individuals are typically required to provide valid identification, such as a driver's license or passport, and may be subject to additional security checks, increasing the likelihood of a warrant being discovered. If a warrant is found, the individual may be arrested on the spot and transported to the locality where the warrant was issued.

The consequences of travelling internationally with a warrant depend on the specific circumstances and the destination country's laws. It is crucial to consult with a lawyer before making any travel decisions that could have potential legal consequences.

Additionally, certain types of warrants or criminal records may impact an individual's ability to obtain a passport or visa, further complicating international travel.

To reduce the risk of unexpected problems, it is advisable to resolve any legal issues and consult with a lawyer before attempting to travel internationally with an active warrant.

Domestic travel with a warrant

For domestic flights within the U.S., a state-specific warrant typically doesn't pose legal problems. However, for warrants spanning multiple jurisdictions, it is recommended to consult the airline and local law enforcement about entry to your destination before booking. The likelihood of being stopped at the airport due to a warrant varies based on the specifics of the warrant.

When checking in online or at the airport kiosk, airlines don't automatically check passenger names against databases to determine if there are warrants. Ticketing agents or checkpoint staff don't have the time or capability to run such checks. This also applies when passing through security, as the TSA has no access to databases that flag warrants against passenger names.

However, travelling domestically is not expressly prohibited for people with warrants, but it is important to be aware of the potential risks and consequences. Even though the police are not actively looking for those with warrants, you can and will be taken to jail if you are stopped with an outstanding warrant.

At the airport, you may be caught out boarding a flight if someone who knows about your warrant and travel plans informs the police, or if the TSA finds something illegal as you pass through the security checkpoint. In this case, you may be pulled aside and asked questions that could lead to the discovery of your arrest warrant.

Therefore, while it is possible to travel domestically with a warrant, it is advisable to consult a lawyer before attempting to do so, as there is always a risk of encountering problems during security checks.

Getting a passport with a warrant

The ability to obtain a passport with a warrant depends on several factors, including the type of warrant, the nature of the associated crime, and the laws of the destination country. Here's what you need to know about getting a passport with a warrant:

Types of Warrants and Their Impact on Passport Applications

There are two main types of warrants: bench warrants and arrest warrants. Bench warrants are issued by a judge when an individual fails to appear in court, while arrest warrants are petitioned by law enforcement officers and signed by a judge. The type of warrant and the associated charge will determine the likelihood of obtaining a passport.

Misdemeanour vs. Felony Warrants

The impact of a warrant on passport applications varies depending on whether the charge is a misdemeanour or a felony. Misdemeanours are less serious offences, such as shoplifting, DUI, or minor drug possession, and generally do not prevent individuals from obtaining a passport. However, felony warrants, which involve more serious crimes like rape, murder, or kidnapping, may result in passport application denial.

Passport Application Requirements

When applying for a US passport, individuals must complete the DS-11 form, which includes a legal statement declaring that they are not the subject of any outstanding federal, state, or local arrest warrants for felonies. Lying on this form can lead to arrest and additional charges. Therefore, it is crucial to provide truthful information during the application process.

Seeking Legal Advice

Before applying for a passport with a warrant, it is highly recommended to seek legal advice to understand the specific legal consequences of the warrant. Consulting a lawyer can help individuals make informed decisions about their passport applications and potential travel plans.

Travelling with a Warrant

While it may be possible to obtain a passport with certain types of warrants, travelling with an active warrant is generally not advisable. International travel with a warrant is considered risky, as it may be interpreted as an attempt to evade justice. Individuals with warrants may face detention at the border and be charged with fleeing justice. Therefore, addressing any outstanding warrants before travelling internationally is crucial.

In summary, obtaining a passport with a warrant depends on the specific circumstances surrounding the warrant and the associated charges. Seeking legal advice, being truthful in passport applications, and understanding the potential risks associated with travelling on a warrant are essential steps to take before planning any international travel.

Travelling with a warrant: before and after

Before

If you have a warrant out for your arrest, it is generally not advisable to travel abroad. This is because you may be detained at the border by law enforcement and charged with fleeing justice. There is also a high chance of being arrested on the spot and transported to the locality where the warrant was issued.

The consequences of travelling with a warrant depend on the destination country and the type of warrant. Some warrants only apply within the issuing state, while others have wider jurisdiction. It is important to understand the nature of the warrant before making any travel plans.

Additionally, individuals with arrest warrants are typically unable to fly, as the TSA can access a database of such individuals. However, rules may differ in other countries, and it is possible to board a plane in the United States with an active warrant.

If you have an active warrant and plan to fly, it is recommended to check with the airline in advance and be prepared for potential issues related to your warrant.

After

If you are travelling internationally, your passport may be confiscated, or you may be ordered not to leave the country while still being allowed to retain your passport. This is a calculation made by judges and the US Department of State to assess the risk of defendants leaving the country.

For US citizens, any court order at any level can legally separate them from their passports to ensure they won't leave the jurisdiction. This constitutes a "criminal court order forbidding [their] departure from the United States."

In conclusion, travelling with a warrant is not recommended, as it can lead to legal consequences and may be interpreted as an attempt to evade justice. It is best to consult with a lawyer before making any travel decisions that could have potential legal implications.

Frequently asked questions