Can You Fly with a Warrant?

Traveling can be stressful enough, but what happens if you have a warrant out for your arrest?

Can you still board a plane and travel without any issues? 

Well, to find out, I decided to take an in-depth look at Can You Fly with a Warrant and the potential consequences if you do. So, let’s get started with…

What is a Warrant?

what is a warrant

A warrant is a legal document issued by a judge that allows law enforcement officers to take a specific action, such as searching a property or arresting a person. Warrants can be issued for a number of reasons, such as when a crime is suspected or when a person doesn’t show up in court.

Types of Warrants

Arrest Warrants

An arrest warrant is issued by a judge or magistrate when law enforcement provides evidence that a crime has been committed and that you are likely responsible for the crime. If you have an arrest warrant, you may be arrested at any time, including at the airport, and taken into custody to face charges. 

An arrest warrant can be issued for both felony and misdemeanor offenses.

Arrest Warrants

Bench Warrants

When a defendant disregards a summons to appear in court, the judge issues a bench warrant. If you have a bench warrant, you may be arrested and taken into custody when you come into contact with law enforcement, including at the airport.

Bench warrants are typically issued for offenses that are already in court.

Search Warrants

A judge or magistrate issues a search warrant allowing law enforcement to search a specific area or seize particular items as part of a criminal investigation. If you have a search warrant, you may not be arrested, but law enforcement may search you and your belongings at the airport.

Probation or Parole Violation Warrants

If you are on probation or parole and violate the terms of your release, such as by failing to attend a required meeting or committing a new crime, a warrant may be issued for your arrest. If you are wanted for violating the terms of your probation or parole, law enforcement officials have the right to arrest you anywhere, including the airport.

The consequences of having a probation or parole violation warrant can be severe. Depending on the terms of your release and the nature of the violation, you may face additional penalties, including revocation of your probation or parole and potential jail time.

Can You Fly With a Warrant?

No law specifically prohibits you from flying with a warrant. However, it is important to understand that there are several ways that law enforcement can be alerted to your presence at an airport.

can you fly with a warrant

Transportation Security Administration (TSA)

One way is through the Transportation Security Administration (TSA). They are responsible for ensuring the safety of passengers and crew on flights, and they have the authority to screen passengers and their belongings. If you have a warrant for your arrest, the TSA may be alerted to your presence before you even arrive at the airport. They may also find out when you go through security screening.

Airlines 

Another way is through the airline you are flying with. Airlines are required to provide passenger information to law enforcement agencies, and this information can include your name, date of birth, and travel itinerary. If you have an arrest warrant, law enforcement may be able to use this information to track your movements and detain you at the departure or destination airport.

The Unlikelihood of Being Caught

It is important to understand that only a small fraction of airport staff has access to warrant information. The vast majority of them, such as airline employees, baggage handlers, and retail workers, do not have a need-to-know basis and would not be granted access to it. 

The reason for this is that warrant information is typically restricted to authorized law enforcement and security personnel who have undergone specific training and background checks. This is done to maintain the confidentiality and security of such sensitive information and to prevent any potential misuse or abuse of it.

Just don’t draw attention…

So, unless you behave suspiciously or cause a commotion that raises concerns about your safety or the safety of others, it is unlikely that airport staff would have to invite law enforcement or try to access the warrant database. In any case, it is essential to comply with all airport security protocols and rules to avoid potential legal consequences. 

Potential Consequences 

Airports are high-security areas, and there are many things in place to make sure that all passengers and employees are safe. This may include random security checks, the use of security cameras, and other monitoring techniques. As a result, there is always the possibility that you would be randomly stopped and subjected to additional screening.

If you pass through extra screening and are caught while trying to travel with a warrant, here are some potential consequences:

Arrest and Detention 

If you are traveling and law enforcement sees you and gets to know that you have an outstanding warrant, you could be arrested and held right away. This can result in your being held in custody until you can be transported to the jurisdiction where the warrant was issued.

Arrest and Detention 

Interference with Travel Plans 

Traveling with a warrant can also interfere with your travel plans. For example, if you are stopped at a border checkpoint or airport, you may be prevented from traveling to your intended destination.

Difficulty in Resolving Legal Issues

This is because you may have to deal with legal issues in a different jurisdiction, which can be more complex and time-consuming than resolving the issue in the jurisdiction where the warrant was issued. 

Additionally, if you are arrested and detained, you may have to spend time in custody for an unknown period.

Extradition 

If you are an individual with a warrant and you travel to another state or country, you can be subject to extradition proceedings, where you may be required to return to the jurisdiction where the warrant was issued to face the charges against you.

Increased Penalties 

If you are caught and arrested, you may face increased penalties for the charges. This is because the act of fleeing or evading law enforcement can be considered an aggravating factor in sentencing.

Travel Restrictions 

If your warrant is subject to travel restrictions, such as a probation or parole order, traveling with a warrant can result in the violation of these restrictions. This can result in additional legal consequences, such as the revocation of probation or parole, which can lead to additional jail time.

Travel Restrictions 

Financial Costs 

Traveling with a warrant can also result in significant financial costs. For example, if you’ve got an outstanding warrant and you are arrested and detained in another jurisdiction, you may have to pay for legal fees, transportation costs, and other expenses associated with resolving your legal issues.

Impact on Employment and Reputation 

You can also have long-term consequences for your employment and reputation. For one, there is a chance that the news will report on your arrest if it happens at an airport. If you are found guilty of the crime, you may have trouble getting a job in the future because of the negative social stigma that comes with a criminal record and past news coverage.

Loss of Rights 

If you are convicted of a felony offense, you may lose certain rights, such as the right to vote or the right to own firearms. Traveling with a warrant can increase the risk of a felony conviction and the loss of these important rights.

Immigration Issues 

Finally, if an individual with a warrant is an immigrant, it can have serious immigration consequences. Depending on the nature of the charges, you may be subject to deportation or other immigration consequences.

What to Do If You Have a Warrant?

If you’ve got an outstanding warrant, it’s important to take action to resolve the situation before planning your trip. Here are some steps you can take:

Consult With an Attorney 

An attorney who can provide legal advice and representation, as well as help you understand the charges and the options for resolving the warrant.

Consult With an Attorney 

Resolve the Warrant 

Depending on the nature of the warrant, you may be able to resolve it by paying a fine or appearing in court. Your attorney can help you determine the best course of action.

Avoid Travel 

If possible, it is best to avoid traveling until the warrant is resolved. This can help you avoid the potential consequences.

Consider Alternative Transportation 

If you must travel, consider alternative transportation methods, such as driving or taking a train, to avoid the high likelihood of security checks at airports or border checkpoints.

Consider Turning Yourself In

If you have a warrant and are unable to resolve it, you may want to consider turning yourself in to law enforcement. This can demonstrate that you are taking responsibility for the situation and may result in more favorable treatment from the court.

Keep Documentation 

If you have resolved the warrant or you have taken steps to address the issue, keep documentation of your actions. This may include receipts for payments, court orders, or correspondence with your attorney. These documents can be helpful if you are stopped and questioned by law enforcement while traveling.

Be Prepared 

If you do choose to travel, be prepared for the possibility of being stopped and subjected to additional screening. This may include carrying documentation showing that the warrant has been resolved or speaking with an attorney in advance for guidance on how to handle the situation. 

You should also have a plan in place for what to do if you are detained, including how to contact your attorney or loved ones.

What Happens if You are Detained at the Airport?

If you are detained at an airport, it is important to remain calm and cooperate with law enforcement officers. They will likely ask you for identification and may search your belongings. You may also be questioned about the warrant and the charges against you.

In some cases, especially for misdemeanor offenses, you may be asked to pay an on-the-spot fine. After paying the fine, you may be allowed to board the plane. In some cases, they may deny you from boarding but release you to sort out your outstanding warrant.

Serious cases mean jail time!

If your case is more serious and a fine won’t do the trick, you will be arrested, taken into custody, and held in jail until your case is resolved. Depending on the severity of the charges against you, this could take a few days, weeks, or even months. 

During this time, it is important to have legal representation to help you navigate the legal process and protect your rights.

Frequently Asked Questions

Can I resolve a warrant while traveling?

Yes, it is, but it depends on the specific circumstances of your case. For minor offenses like traffic rule violations and petty misdemeanors, you may be able to negotiate favorable terms for your release and continue your travel plans. 

However, it is recommended to resolve the warrant before attempting to travel to avoid the risks and consequences.

Can I resolve a warrant while traveling

Will a warrant prevent me from getting a passport?

Yes, it may prevent you from getting a passport or renewing an existing passport. This is especially true if what you have is an arrest warrant, a bench warrant, or a parole violation warrant. In these instances, the U.S. Department of State will deny a passport application. In some cases, they may even revoke an existing passport if you are believed to be a flight risk.

Can I travel internationally with a warrant?

Traveling internationally can be even more complicated than domestic travel, as you may face extradition to the country where the warrant was issued. 

Each country has its extradition laws and procedures, and some countries may be more willing to extradite individuals than others. It is important to consult with an attorney who is knowledgeable about international extradition law if you are facing a warrant and have travel plans outside of the United States.

How long does it take to resolve a warrant?

The time it takes can vary depending on the specific circumstances of your case. It may take several weeks or even months if you are required to appear in court or negotiate a plea bargain. However, in some cases, you may be able to resolve it quickly by paying a fine or appearing before a judge.

Will resolving a warrant clear my criminal record?

No, it does not automatically clear your criminal record. However, this may allow you to avoid additional criminal charges or penalties and help you take steps toward clearing your record through expungement or other legal remedies.

What if I don’t know if I have a warrant?

If you are unsure if you have a warrant out for your arrest, you can check with the local law enforcement agency or court in your domicile. These places have online warrant search tools that allow you to search for active warrants using your name and other identifying information.

Traveling As A Felon?

Then we recommend you take a look at the following guides before booking your trip! Let’s start with your tropical destinations, such as Can A Felon Travel To CancunCan A Felon Travel To Mexico, and Can A Felon Travel To Jamaica?

Next, if you like your cooler climates and exciting cuisine, then you’ll want to take a look at Can A Felon Travel To EuropeCan A Felon Travel To London, and Can A Felon Travel To England?

Are you job hunting with a criminal record? Then check out the Top Careers For Felons, the Highest Paying Jobs For Felons if you have a family to support, and lastly, Companies That Hire Felons in 2023.

Final Thoughts

While no law specifically prohibits you from flying with a warrant, doing so can have serious consequences. Law enforcement can be alerted to your presence at an airport through the TSA or the airline, and you may be arrested and taken into custody. 

As such, if you have a warrant out for your arrest, you need to speak with an attorney to determine the best course of action. This may include turning yourself in, traveling by different means, or resolving the warrant before you try to fly. Regardless of what you choose to do, it is important to be cooperative with law enforcement officers if you are detained at the airport.

Good Luck with your decision!

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