What happens when you face criminal charges across state lines? Say, your hometown is Jacksonville, Florida, but you were arrested for a DUI charge in Folkston, Georgia. Where will the case be heard? Will you be allowed to travel back to your home state?
In such a situation, it can be difficult to find a good attorney and mount a defense. This blog offers insights into how you can navigate them.
Next Steps After the Arrest
“Depending on the magnitude of the crime for which you are accused, you may have to stick around for court proceedings, including the arraignment, trial, and sentencing. Traveling back and forth can be expensive, not to mention potentially clashing with your normal life back at home,” says Leifert & Leifert criminal attorney Douglas I. Leifert.
You can hire a qualified criminal defense attorney to appear at some of the court proceedings on your behalf, or you can attend remotely by phone or video. Choose the mode that suits you the best.
Going back to our previous example, if you are caught driving under the influence in Georgia but your residential state is Florida, Georgia will have the authority to prosecute you. This is because, according to US law, legal authority rests in the state where a crime was committed.
However, this dynamic can change for most serious transgressions, like trafficking drugs across state lines. Such offenses result in felony charges, bringing the attention of the federal government.
Conversely, if you are accused of a state crime, like in our prior instance, the state of Georgia will prosecute you. In fact, you will be subject to its DUI laws and penalties, which may be quite different from Florida’s regulations.
Can You Actually Leave the State?
This will depend on your charges. Generally speaking, most US states classify crimes as infractions, misdemeanors, and felonies in order of rising severity. Your level of freedom will depend on where your crime lies, as you will see below:
Infractions
Infractions like traffic tickets lead to fines, which you can pay online or through the mail. As any lawyer will advise you, it is cheaper and easier to pay an out-of-state traffic ticket than to fight it.
Misdemeanors
If you are accused of a misdemeanor, it is best to consult a criminal defense attorney in the state where you are facing prosecution. Misdemeanors, while less serious than felonies, can still carry significant consequences such as fines, probation, community service, or even jail time. An experienced local attorney understands the nuances of state and municipal laws and can develop a defense strategy tailored to your case. In many instances, they can appear in court on your behalf for routine hearings, saving you time and travel expenses. Their guidance ensures your rights are protected throughout the legal process.
Felonies
This is another important type you must know about. If you are convicted of an out-of-state felony, most jurisdictions will mandate that you post bail and appear as required. If you adhere to the bail requirements, the court will refund the initial amount. But if you step out of line, the judge may issue an arrest warrant, and you may lose bail money.
This means that while you can return home, you must make court appearances to defend your charges. In such situations, it is in your best interest to consult with a local criminal defense attorney for advice on the best legal strategy. They can help manage court requirements, deadlines, and potential plea negotiations effectively.
Conclusion
Out-of-state convictions can be complex to navigate. Between traveling out of state and familiarizing yourself with the local laws and regulations applying to your charge, you may easily find yourself overwhelmed. For these reasons, it’s best to work with a local criminal defense attorney for advice on whether you can leave the state and representation in court.
