About one in every three American adults has a criminal record. Still, facing criminal charges is always an overwhelming experience for most people. It can introduce lots of inconveniences for the affected persons in that they will have to focus on the charges alongside their everyday schedule. Often, these are minor infractions, but matters could be complicated if you are out of your native state.
When you commit a crime in another state, you will face charges in that state, which can significantly increase the level of inconvenience and complexity of the matter. To navigate the state-specific laws, it is crucial to get in touch with a criminal defence lawyer at BK Law Group Minnesota. Before you reach out to a lawyer, check out this guide, which focuses on what happens when you face out-of-state charges and is an excellent read if you are in such a situation.
The State of Arrest Has Jurisdiction Over Your Case
Every state has its legal code. While there may be similarities across all states, the laws differ slightly. In some cases, what may be a crime in one state may not be in another state. As such, every state has jurisdiction over legal violations that occur in their state.
For example, if you are from Iowa and are arrested for DUI in Minnesota, you will face DUI charges under Minnesota’s law.
There is a major difference between committing a crime in another state and committing a crime that crosses state lines. For example, if you are arrested for moving drugs from Iowa to Minnesota, that would qualify as a crime that crosses state lines and would be in the federal laws' jurisdiction.
Can You Leave a State While Under Investigation?
If you are under investigation for a crime in a state as an outsider, the first instinct may be to exit the state and get back to your jurisdiction. But fleeing may not help as your home state can send you back. The Constitution requires states to produce suspects at the request of another as long as they have a warrant of arrest.
Also, running away can earn you a reputation as a flight risk, which the prosecution can use as a reason to hold you in custody as you await trial, especially if you are charged with a serious crime.
Will the Court Allow Me to Return to My State When Facing Charges
Typically, the court will not prevent you from returning to your home state when facing charges as long as you are attending your court hearings. However, there are situations where you may be held in jail if the prosecution can prove that you are a flight risk.
Felony charges come with the most inconveniences since you may be required to attend all court hearings. However, your lawyer can help explore the possibility of representing you in some appearances to cut the cost of travel. The courts can be more lenient with misdemeanor offenders, allowing them more flexibility. For example, your lawyer can negotiate to have you appear on camera for most court appearances.
If the court is as generous as to allow you some flexibility based on your status, the last thing you want is to violate its directives, as the court may be forced to hold you until you are done with your case.
Get a Lawyer
You have a right to legal representation, so even when you can't afford a lawyer, the state where you are facing charges must assign you a public defender, which is better than not having a lawyer at all. However, public defenders have huge workloads and may not offer the best quality legal representation. So, you will be better off hiring a private lawyer.
Conclusion
Facing out-of-state criminal charges can be complex and stressful. It's essential to understand the legal differences between states, adhere to court requirements, and avoid flight risk behaviours. Hiring an experienced criminal defence lawyer is crucial to navigating the process and ensuring the best possible outcome.
