Introduction
Being in jail is a status that already indicates an arrest has taken place. However, can you be further arrested while in custody for a new warrant?
Can You Be Arrested for a New Warrant While in Custody?
Typically, if you are in jail, you are already under arrest. You will usually be brought before a judge to address the warrant in question, as well as any other issues that led to your arrest. This situation can be further complicated if a new warrant is issued. Let’s delve into the specifics.
Legal Obligations for New Warrants When in Custody
Same Jurisdiction
When a new warrant is issued in the same jurisdiction where you are currently incarcerated, the process is straightforward. The individual will be informed of the new charge and any bond requirements, as well as conditions that may be attached. If the person is serving a sentence, they can often post bond on the new charge once their current sentence is completed. If they are awaiting trial, they will need to post bond on both charges.
Transferring Custody
In some cases, custody can be transferred from one agency to another. This might involve Writs of Habeas Corpus, Writs of Prosequendum, and Writs of Testificandum, among others. These legal documents allow one agency to temporarily take custody of an inmate from another. Once the “borrowing” agency has completed its task, the inmate is returned to the original agency.
Different Jurisdictions
If the new warrant comes from a different jurisdiction, it may take longer to address. The holding agency has no legal obligation to release the individual preemptively to face charges in another state. The other jurisdiction may need to wait until the original warrant is resolved, whether the individual posts bond or finishes their sentence.
Interstate Extradition
For warrants from another state, the process becomes more complex. Inmates in custody cannot post a bond on out-of-state warrants due to the principle of sovereign immunity. Instead, the individual may be charged with Fleeing from Justice and then the interstate extradition process can begin. This process allows the other state to formally charge the individual and transfer them to that state to face the warrants.
Legal Considerations
Extradition
Extraditing a person across state lines involves legal procedures to ensure the process is fair and constitutional. The individual’s rights, such as the right to a fair trial, must be upheld. This process can be lengthy and is subject to numerous legal checks and balances.
Fugitive Disclosure
States will often work together to ensure that individuals with outstanding warrants are not simply released into their jurisdiction. Fugitive disclosure laws require individuals arrested on an out-of-state warrant to be informed of any outstanding charges from another jurisdiction.
Conclusion
In summary, while you are already in jail and under arrest, additional warrants can be issued and processed. The process greatly depends on the jurisdiction of the warrant and whether the agency can or will transfer custody to handle the new warrant. It’s important to familiarize yourself with the legal procedures and your rights in such situations.