Out of State Criminal Cases: What You Should Know

Out of State Criminal Cases: What You Should Know

Are you or someone you know facing criminal charges? That could be a daunting experience, especially if the charges are in a different state. Not only is it costly, but it also requires multiple court appearances. Finding an attorney who can effectively represent you from afar is no easy feat, as the court will expect your presence regardless of the distances between your home state and where the alleged crime occurred.

What Should I Expect if I Am Charged With an Out-Of-State Criminal Case?

Knowing what to expect when faced with an out-of-state criminal case aids preparation. As such, some things to expect include:

• You Might Have to Travel to the State Where the Said Crime Was Committed 

Court appearances in the state in which you were charged will likely be asked of you. This is the case in major criminal cases because the accused must be physically present in court for their crimes due to their more serious nature. To avoid having to travel from your native state, your attorney might be able to make an appearance on your behalf if the offense you are facing seems particularly minor.

• You Might Have to Face Those Charges

If you believe you can ignore criminal charges because the alleged crime occurred in a different state, you may be mistaken. States in the U.S. have the judicial power to prosecute crimes committed within their jurisdiction. This means that the charges against you are valid, even if you are not a resident of that state. Don’t expect the changes to be dropped or forgotten. Instead, confront them head-on by securing a criminal defense lawyer who understands the laws of the prosecuting state.

• The Prosecuting State May Arrest You

When a prosecuting state decides to file a case and issues a warrant for your arrest, you may find yourself facing extradition. For instance, if you reside in Pennsylvania and are charged with a crime in Kansas, you could be transported from Pennsylvania to Kansas to face the charges. Upon arrival, you may be taken into custody until your legal representative arrives. It is advisable to hire an attorney from the prosecuting state, as they are licensed to practice there and can provide you with effective legal representation

What if I want to Leave the State With Pending Misdemeanor or Felony Charges?

You might be able to travel outside the prosecuting state but that is dependent on the type of crime. If it is a serious crime, like murder, you might not be allowed to leave and must not be seen in other states. Minor cases can have flexible laws, which are dependent on the crime too.

The judge might allow you to be released on bail pending trial, provided you are able to satisfy the laid down conditions. However, you are not required to travel out of Kansas as that might worsen your case. When leaving, talk with your local criminal defense attorney so that they can stand as a witness when asked when and how you left the state.

You might be required to show up in court weekly, so if your native state is not far from the prosecuting state, you can find your way around it. If not, you should stay put.

Conclusion

You can hire a local criminal attorney who understands how Kansas’ rules and laws work. That way, they can explain what the charges against you mean and how you can go about the case, which is dependent on the prosecutor, judge, and the ways they treat out-of-state defendants. “Don’t assume you can escape out-of-state charges by simply leaving the jurisdiction. Extradition and facing the charges in full are very real possibilities,” says attorney Gabriela A. Vega of Addair Law.