Milton, WI asked in Criminal Law and Domestic Violence for Minnesota

Q: If my boyfriend has a warrant for misd. Domestic violence charges from wi will he get picked up in mn

The misd charges r from Wi but hes in Mn alot so will he get picked up there

2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: It's possible. Generally the prosecutor can request an arrest warrant go interstate. Generally they do in felony cases, and they can in misdemeanor cases. Probably the key issue for them is cost. If a fugitive is caught outside the home-state of the court with the criminal case, the other state's police will hold the fugitive and notify the prosecutor with the warrant. Then that prosecutor can decide whether or not to begin transport procedures. The transport of the fugitive will cost thousands of dollars and the prosecuting jurisdiction will have to pay for it. Is it worth it for them? It almost always is with a felony warrant that is not stale. With misdemeanors, it may or may not be worth it to them. The cost to transport a fugitive from Minnesota to Wisconsin is likely lower than the cost to transport from, say, California to Wisconsin. Note that the fugitive could be held in jail for days or weeks before the prosecutor makes the decision on whether to transport. It is much more inconvenient to get picked up on a warrant in another state, as a result.

Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: I doubt that anyone would go looking for your boyfriend on a misdemeanor out-of-state warrant. However, it he were arrested for some other reason, such as a traffic stop, the warrant would likely show. The question then would be if Wisconsin wanted to extradite him. That depends in part on what part of Wisconsin the warrant is from and how serious the underlying offense was.

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