A fugitive from justice charge can catch people off guard—especially if they’re arrested in Maryland for a case in another state. Whether you’ve moved here years ago or were just visiting Southern Maryland, being labeled a “fugitive” comes with serious legal consequences. But what exactly does this charge mean, and what can you do about it?
Here’s what you need to know if you’re facing a fugitive from justice charge in Maryland.
What Is a Fugitive from Justice?
A fugitive from justice is someone who has been charged with or convicted of a crime in one state but is found in another state. In Maryland, this usually means you’re being detained because another state has issued a warrant for your arrest.
This charge can arise in several situations:
- You missed a court date in another state
- You were on probation or parole and left the state without permission
- You were charged or convicted elsewhere and relocated before the case was resolved
You don’t have to be hiding to be considered a fugitive—simply being in Maryland while there’s an active warrant in another jurisdiction can lead to arrest.
Fugitive from Justice Law in Maryland
Under Maryland Criminal Procedure § 9-105, if you’re arrested as a fugitive from justice, the governor may issue a warrant for your return to the demanding state. However, Maryland has a process in place before extradition can occur.
Key facts:
- You must be brought before a Maryland judge promptly
- You can waive or contest extradition
- You may be held in custody for up to 30 days, extendable to 60 days, while the demanding state decides whether to pick you up
This isn’t just a procedural issue—it’s a criminal charge in itself. And it shows up in court records.
What Happens After You’re Arrested?
If you’re arrested in Charles, Calvert, St. Mary’s, or Prince George’s County on a fugitive from justice warrant, you’ll be brought before a District Court commissioner. Here’s what typically happens:
- Initial Hearing – You’ll be advised of your rights and whether you’re eligible for release.
- Extradition Review – You’ll be asked if you’ll voluntarily return to the other state or fight the extradition.
- Hold in Detention – If you don’t waive extradition, you may be held pending a governor’s warrant.
If the other state fails to act within the allowed time, your Maryland defense attorney can argue for your release.
Can You Fight a Fugitive from Justice Charge?
Yes—and you should. An experienced Southern Maryland criminal lawyer can help challenge the legality of the warrant, ensure your rights are protected during the extradition process, and even help resolve the out-of-state matter without extradition.
Some defenses might include:
- Mistaken identity
- Invalid warrant or paperwork
- Unreasonable delay by the other state
- The out-of-state charge has already been resolved
In some cases, your attorney may be able to negotiate with authorities in the demanding state to quash the warrant or arrange for you to appear voluntarily, which avoids extradition and reduces jail time.
Will a Fugitive from Justice Charge Show Up on Your Record?
Yes. Even if it stems from a non-violent offense or an old out-of-state case, the arrest and court records will appear in Maryland’s case search system. This can affect your job, housing, and even custody matters.
That’s why resolving this quickly—and correctly—is so important.
What Should You Do If You’re Facing a Fugitive Warrant?
If you’ve been arrested on a fugitive from justice charge in Maryland, don’t wait for the system to decide your fate. You have legal rights, and there are often better ways to handle the situation than sitting in jail for weeks.
At Southern Maryland Criminal Defense, we help clients navigate these complicated cases with discretion and urgency. Whether your issue originated in Virginia, D.C., Pennsylvania, or beyond, we’ll work to minimize disruption to your life and protect your future.
Don’t Let a Warrant Ruin Your Life — Talk to a Local Defense Attorney Today
If you’re facing a fugitive from justice charge in Prince George’s, Charles, Calvert, or St. Mary’s County, call us today. We’ll review your case, explain your options, and fight to protect your rights.
