What Happens When You Face Out of State Criminal Charges?
By: LawInfo
Published: 10/2008
Any kind of criminal charge can be difficult for the accused to manage. However, if a person is arrested and charged with a crime in a state that is not his or her permanent residence then it might be even more difficult to mount an adequate defense.
Jurisdiction
The state in which the alleged crime occurred is the state that has jurisdiction to prosecute the offense. So, for example if you live in New York and you are arrested for drunk driving in California then the state of California has the right to prosecute you for that offense.
This can lead to some very real logistical problems for the defendant. The criminal process often requires the defendant to appear in court multiple times. If the defendant has been released on bail or other terms pending trial then it can be burdensome to return to the state in which the defendant is tried every time a court appearance is required.
It is important to know that you cannot simply return to your home state and ignore the charges from the other state. The states and territories of the United States are required by the U.S. Constitution to render suspects on the request of another state. This is commonly referred to as extradition.
Misdemeanors
Often, out of state residents who are arrested face misdemeanor charges such as driving while intoxicated or breach of the peace. Many states allow the defendant to hire a local attorney who can appear for the defendant in most criminal proceedings. That means that you would not have to bear the expense of traveling to the state in which the alleged misdemeanor occurred nor would you have to lose time from work in order to defend yourself.
If you choose to allow your attorney to appear for you then it is important that you find someone whom you trust and that you stay in close contact with your attorney by telephone or e-mail so that you know exactly what is happening with your case.
Felonies
If you are arrested for a felony then one of the first things that will happen is a bail hearing. If the arrest happens in a state other than your home state then it is unlikely that the judge will release you on your own recognizance because you do not have strong ties to the community. Instead, you will likely be required to post bail. Bail is a kind of guarantee to the court that you will come back for further proceedings.
While bail is often required for in state defendants, it is almost always required for out of state defendants. If the defendant appears in court as required then the bail is refunded. If the defendant does not appear as required then the bail is not returned to the defendant and the defendant is likely to be arrested and held in custody pending trial.
If you are convicted of a crime then in most circumstances the conviction becomes part of the public record. Therefore, your out of state conviction might follow you if future employers or other parties are interested. Thus, it is important to adhere to all of the rules in the jurisdiction in which you are charged and to work with a competent attorney for the best possible outcome.
Jurisdiction
The state in which the alleged crime occurred is the state that has jurisdiction to prosecute the offense. So, for example if you live in New York and you are arrested for drunk driving in California then the state of California has the right to prosecute you for that offense.
This can lead to some very real logistical problems for the defendant. The criminal process often requires the defendant to appear in court multiple times. If the defendant has been released on bail or other terms pending trial then it can be burdensome to return to the state in which the defendant is tried every time a court appearance is required.
It is important to know that you cannot simply return to your home state and ignore the charges from the other state. The states and territories of the United States are required by the U.S. Constitution to render suspects on the request of another state. This is commonly referred to as extradition.
Misdemeanors
Often, out of state residents who are arrested face misdemeanor charges such as driving while intoxicated or breach of the peace. Many states allow the defendant to hire a local attorney who can appear for the defendant in most criminal proceedings. That means that you would not have to bear the expense of traveling to the state in which the alleged misdemeanor occurred nor would you have to lose time from work in order to defend yourself.
If you choose to allow your attorney to appear for you then it is important that you find someone whom you trust and that you stay in close contact with your attorney by telephone or e-mail so that you know exactly what is happening with your case.
Felonies
If you are arrested for a felony then one of the first things that will happen is a bail hearing. If the arrest happens in a state other than your home state then it is unlikely that the judge will release you on your own recognizance because you do not have strong ties to the community. Instead, you will likely be required to post bail. Bail is a kind of guarantee to the court that you will come back for further proceedings.
While bail is often required for in state defendants, it is almost always required for out of state defendants. If the defendant appears in court as required then the bail is refunded. If the defendant does not appear as required then the bail is not returned to the defendant and the defendant is likely to be arrested and held in custody pending trial.
If you are convicted of a crime then in most circumstances the conviction becomes part of the public record. Therefore, your out of state conviction might follow you if future employers or other parties are interested. Thus, it is important to adhere to all of the rules in the jurisdiction in which you are charged and to work with a competent attorney for the best possible outcome.
Search LawInfo's Criminal Law Resources
Additional Criminal Law Articles
-
What Comes Next After the Arrest?
Have you been arrested for a crime or are you a suspect in a crime? The criminal justice process varies from state to state, and the federal criminal justice … More -
What To Do If You're Arrested
It can be difficult to think clearly after an arrest. Many arrestees are scared about the social stigmas, personal consequences, financial consequences, legal … More -
Infraction, Misdemeanor or Felony: What is the Difference?
Criminal charges and wrongs are typically classified as infractions, misdemeanors or felonies depending on the severity of the wrong. The more serious … More -
The Search of Cars at the Time of Arrest
Things happen quickly when the police make an arrest. Often, the person being arrested doesn’t have time to think about what his or her rights might be … More -
When is a Search Warrant Necessary?
The Fourth Amendment to the United States Constitution protects Americans from unreasonable searches by the government. That means that absent an emergency … More -
Miranda Rights: The Who, What, Where, When and Why
“You have the right to remain silent. Anything you say can and will be used against you in a court of law….” And, so begins many police dramas … More -
Some Misdemeanor Convictions Eligbile for Dismissal through Victim Compromise Programs
Defendants charged in Arizona with a criminal misdemeanor or a traffic citation may be able to have the charges dismissed under the Arizona Criminal Misdemeanor … More -
What Comes Next After the Arrest?
Have you been arrested for a crime or are you a suspect in a crime? The criminal justice process varies from state to state, and the federal criminal justice … More -
Initial Consultation With a Criminal Defense Attorney or a Public Defender
A good attorney can often influence the outcome of a legal dispute. However, the skills and expertise of your attorney are, arguably, never more important than … More -
The Preliminary Hearing
It is difficult to be a criminal defendant. If the defendant is ultimately found guilty of the crimes for which he was arrested then few people have compassion … More
Criminal Law Sub-categories
|
Computer Crime
Criminal Fraud Embezzlement Expungement Identity Theft Insurance Fraud Money Laundering |
Probation Violation
Rape RICO Sex Crime Traffic Violations White Collar Crimes |
