Jones Criminal Defense Attorneys | October 29, 2025 | Criminal Defense
Finding out that there’s a warrant for your arrest in another state can be a frightening situation. Regardless of whether it stems from a missed court appearance or unpaid fines, an out-of-state warrant can follow you to New Mexico and lead to serious legal consequences.
Knowing how extradition works and what your rights are can help you make smart decisions before things escalate further. If you need further help, reach out to an experienced criminal defense attorney for a free consultation today.
What Is an Out-of-State Arrest Warrant?
An out-of-state arrest warrant (also sometimes referred to as a fugitive warrant) is issued when a person is accused of committing a crime in one state but is found or believed to be in another. For example, if you’re charged with a crime in Arizona but are later located in New Mexico, law enforcement can arrest you under that warrant.
These warrants are entered into national databases, such as the National Crime Information Center (NCIC), which means officers anywhere in the country can see them. As a result, a routine traffic stop in New Mexico could potentially result in your arrest if an out-of-state warrant appears during a background check.
How the Extradition Process Works in New Mexico
If you’re arrested on an out-of-state warrant, you’ll usually be taken into custody and brought before a New Mexico judge for an extradition hearing.
At this hearing, you’ll be informed of various pieces of information, such as:
- The state requesting your return
- The charges you’re facing
- Your right to legal counsel
- Your right to challenge or waive extradition
In some cases, the governor of New Mexico may need to sign a governor’s warrant to authorize your extradition, depending on the facts of the situation.
Can You Fight Back Against an Extradition Order?
While extradition is a legal obligation between states, you do have certain rights.
You may be able to challenge extradition on limited grounds, such as:
- Mistaken identity (you are not the person named in the warrant)
- Invalid and/or expired warrant
- Procedural errors during the arrest
However, you generally cannot dispute the underlying criminal charges in New Mexico; those must be addressed in the state where the charges originated. Note as well that this process is jurisdiction-specific, meaning many aspects of extradition depend on the other state in question.
What Happens After the Extradition Hearing?
If the New Mexico court approves extradition, law enforcement from the requesting state will arrange your transfer, often within 30 days. While awaiting extradition, you may remain in custody unless you’re granted bail, which is not always available in fugitive cases.
Once you’re returned to the requesting state, you’ll face the original charges and any additional penalties for failing to appear or leaving the state.
Ignoring an out-of-state warrant can make matters worse, leading to higher bail, harsher sentencing, and even additional criminal charges.
Contact Jones Criminal Defense Attorneys for a Free Consultation
Facing an out-of-state arrest warrant is serious, but you can respond effectively with an experienced attorney on your side. A New Mexico criminal defense lawyer can help guide you through the extradition process from start to finish, ensuring your rights are fully protected throughout.
If you believe a warrant has been issued for your arrest, contact Jones Criminal Defense Attorneys for a free consultation. You have rights in these circumstances, so don’t lose hope about what’s ahead.