Can you fly with a warrant?
Having an outstanding arrest warrant in your name is a serious issue, as law enforcement can arrest you and put you in jail while you await trial based on it. You could also be detained when boarding a plane or immediately upon arriving at your destination. Moreover, traveling abroad might be seen as an attempt to evade punishment, which could significantly harm your criminal case. It’s unlikely that you expected such consequences from your vacation or business trip.
Our attorneys are ready to provide comprehensive legal assistance in reviewing, appealing, and removing arrest warrants. We will ensure the successful lifting of any restrictions and the restoration of your right to free movement in any country around the world.
Differences Between International and Domestic Arrest Warrants
Arrest warrant – that is an official order issued by a court or competent law enforcement authorities, which grants the authority to detain and arrest a person suspected of committing a crime or failing to comply with a court decision.
Depending on the jurisdiction and the nature of the crime, warrants can be domestic or international. Additionally, outstanding warrants have different consequences depending on the type of air travel.
International arrest warrant
An international arrest warrant is an official document that allows law enforcement agencies of one country to request the arrest and extradition of a wanted individual in another country. Most often, an extraditable warrant is issued in the form of an Interpol Red Notice, which is distributed to 195 member countries of the Organization.
An international warrant requires participating countries to take action to detain an individual within their territory. It is issued in cases of serious crimes: terrorism, money laundering, human trafficking, drug trafficking, and others.
During international flights, passengers go through customs control, where their documents and international databases are also checked. Therefore, if an active warrant is found, airport security can detain and hand you over to the police for further investigation.
The person in question can be detained in any country where an international extradition agreement is in effect or through Interpol’s mechanisms. Flying through international airports is particularly risky: many countries check passengers for alerts in Interpol’s databases.
Domestic Arest Warrant
A domestic arrest warrant is an official directive issued by the judicial or law enforcement agencies of a specific country. It is only applicable within the territory of that country and mandates local authorities to detain the individual it is issued against.
A domestic warrant can be issued for various reasons, including failure to appear in court, evading investigation, being accused of a crime, or not fulfilling a sentence. The person subject to the domestic warrant can freely leave the country if the search information has not been entered into international databases. However, a domestic warrant can become international if the country reaches out to Interpol or initiates an extradition process.
When registering online or at the airport, airlines do not automatically check passenger names for misdemeanor warrants. Ticket agents or checkpoint staff on domestic flights neither have the time nor the means to conduct such thorough checks.
However, even when flying domestically, there’s a risk of an outstanding warrant being discovered. For instance, if someone has informed the police about an active warrant in your name and your travel details (like being at the airport at a specific time and date). Or if illegal items are found during security screening. After that, travelers undergo a more thorough screening process by airport security personnel for passenger safety.
Can you fly with a warrant?
The question of the possibility of flying with an active arrest warrant is a concern for many people who find themselves in a difficult legal situation like a federal arrest warrant. International security systems and cooperation between law enforcement agencies of different countries make flying with such a warrant extremely risky.
While you can normally board domestic flights with a bench warrant, the same doesn’t apply to international flights.
Airport security personnel on international flights have access to national and international databases, allowing them to thoroughly check all information about travelers. If an outstanding warrant is found, you will most likely be detained, the airport police will be called, and you will be arrested.
Who can’t fly with warrant?
Suspects or individuals convicted of major crimes are under the strictest control. These crimes include terrorism and extremism, drug trafficking, murder and infliction of grievous bodily harm, and international cybercrimes, among others. At the security checkpoint, border services pay special attention to these categories, as such crimes pose a threat to public safety.
If a felony warrant is registered with Interpol (red notice), information about the wanted individual will be accessible in over 190 countries worldwide. When attempting to fly, border control checks the data through international databases. Individuals can be detained by local police and extradited to the country that issued the existing warrant following extradition procedures.
If there is an extradition treaty between countries, individuals with active arrest warrants can be detained by airport officials in the destination country and handed over to the law enforcement authorities of the requesting country.
If a person is under conditional restrictions (for example, a ban on leaving the country until the legal process is concluded), any attempt to fly will result in immediate detention and additional charges.
Passengers who pose a potential threat to national security (such as involvement in terrorist activities or espionage) are immediately detained when crossing borders or even at the stage of booking tickets.
What are the consequences of flying with an outstanding warrant?
When flying internationally, modern security systems at airports and borders utilize law enforcement databases to check for warrant information. That includes national databases, the Passenger Name Record, Interpol databases, and the Schengen Information System (SIS) in EU countries.
When you go through security checks, your documents are automatically checked against these databases. If there’s an active arrest warrant, immigration officials can detain you on the spot. They will then pass on information to the law enforcement agencies of the issuing state, and even initiate extradition proceedings.
Even if the warrant was issued a long time ago, it can be found in international databases during an airport check. Border control officers have the right to detain you until the circumstances are clarified.
If there’s an international warrant out for you, you could be extradited to the country that initiated the search, especially if there’s an extradition treaty between the states involved.
If you travel internationally with an arrest warrant, the arrival airport may deny you entry and deport you back. This can lead to additional expenses and legal consequences.
Being arrested during a flight can lead to negative reputational consequences. This is particularly relevant for entrepreneurs, public figures, and professionals working in international markets.
As part of international cooperation in combating crime, authorities may request the freezing of assets or the blocking of bank accounts belonging to a person who is being sought.
After being detained, a travel ban may be imposed, and your passport could be confiscated until the legal proceedings are concluded.
Steps to remove an active arrest warrant
Having a warrant for your arrest can significantly limit your freedom of movement, especially when it comes to international travel. Before taking any further actions, it’s necessary to confirm the existence of the warrant and obtain information about its type.
It’s best to seek help from a lawyer. An experienced professional will check your status through national law enforcement agencies, Interpol databases, and the judicial archives of the country that issued the warrant.
If there’s suspicion of an international warrant, a lawyer can submit a request to the Control Commission for Files (CCF). Checking the status of a search warrant is also possible through local law enforcement agencies or by having a lawyer submit a request to the judicial authorities of the country that issued the warrant.
After confirming the existence of an outstanding warrant, it’s important to analyze the basis for its issuance and the seriousness of the charges. A lawyer will conduct a legal assessment of your case and propose a strategy for resolving any legal problems, including challenging the warrant, negotiating with authorities to settle the situation, filing petitions in court to cancel the search, and other possible tactics.
A lawyer can initiate a legal process to cancel an arrest warrant if it was issued by mistake, the charges are based on insufficient evidence, or they are politically motivated. In some jurisdictions, charges can be dropped due to the statute of limitations expiring.
A lawyer can also secure your temporary release on bail. This will allow you to move around legally and participate in court proceedings without the risk of being detained.
Another possible option is negotiations with the prosecution. A lawyer can enter into talks with the prosecutor’s office to resolve the situation. A pre-trial agreement may be reached, or the criminal case may be completely closed based on compensation for damages or an admission of guilt to a less serious charge.
If the outstanding warrant is international and has been forwarded to Interpol, a lawyer can file a complaint with the CCF Commission. Possible grounds for contesting include: political motivation of the charges, insufficient evidence, identification errors, and statute of limitations expiry.
After successfully contesting a warrant or having it canceled, it’s essential to officially confirm your status to avoid issues when crossing borders. The first step is to obtain a court order canceling the warrant. Additionally, your lawyer will submit a request to remove information from national and international databases. It’s important to ensure that information about the warrant being lifted has been communicated to border control services and airlines.
After canceling the order and confirming your status, you should check your documents and official databases before traveling. We also recommend refraining from traveling to the state that initiated the order until all legal procedures are fully completed.
Contact our Arrest Warrant Attorney
Planning a flight when there’s an outstanding arrest warrant is a serious issue that requires immediate intervention by qualified lawyers. Being unaware of or ignoring the warrant can lead to detention, deportation, and the start of extradition proceedings. Our law firm offers a full range of services to protect your rights and minimize risks during international travel.
Our team of experienced attorneys specializes in international criminal law and has a successful track record in cases involving arrest warrants and extradition. We offer the following services:
- Checking for an arrest warrant. We conduct thorough warrant checks in national and international databases, including Interpol and SIS systems. Prompt detection of a warrant allows for necessary measures to be taken before your trip.
- Consultations and legal analysis. Our lawyers will thoroughly examine your situation and explain the potential risks. We develop an action strategy that will help minimize the threat of detention.
- Challenging arrest warrants. If a warrant was issued erroneously or unlawfully, we initiate the process of appealing and getting it canceled. This includes preparing all necessary legal documents and representing your interests in court.
- Defense in Detention and Extradition Cases. If you are detained, our lawyers will provide prompt legal assistance: they will negotiate with the authorities of the detaining country, represent your interests in court at all stages of the extradition process, and work to secure your release on bail or other mitigating measures.
- Preparing for international travel. We advise clients on countries that may pose the greatest threat if there’s an outstanding warrant. We develop a safe travel plan taking into account the current legal situation.
Our team has years of experience in matters of extradition, arrest warrants, and Interpol red notices. Our contacts and collaboration with lawyers and experts in various countries allow us to effectively protect your interests on an international level.
Contact us right now, for an initial consultation and further detailed analysis of your situation. Trust experienced professionals to resolve your issue. We can help avoid delays and find the best legal solution for any problem.
