How to Deal with an Out-of-State Criminal Charge?
Facing a criminal charge will take you through probably the most bitter and bizarre experiences of your life. It will slap you hard with nightmarish experiences. A mixed feeling of frustration and fear over the future will bog you down so much so that you might fail to look beyond the scenario. A new dawn might greet you only if you leave the task of your representation to an experienced lawyer with an outstanding record of success.
Adding to your worry and agony is if a criminal charge is brought against you in another state. It complicates the matter, making everything more challenging to handle.
Whether you need to make a bail plea or appear in the court several times, you have to go through the criminal justice system that is denser and more dangerous than a jungle. Everything is baffling and the situation takes a worse turn if you are a resident of another state.
For those like you, who are in such a situation of bewilderment, here are some essential tips on what to consider.
Jurisdiction refers to the power to prosecute. States are entitled to jurisdiction whenever a crime is committed in the state. States can also exercise their absolute rights of jurisdiction over some particular crimes even if there is no record of the defendant’s visiting the state. A criminal defense attorney represents the defendant, who is now his or her client, at every aspect of the court proceedings.
For misdemeanors, most states allow an out-of-state defendant to hire a local Oregon Criminal Defense Attorney to deal with the case. It does not require the defendant to make court appearances. A defendant, who is an outsider i.e. he or she belongs to another state, is entitled to local counsel in felony cases. However, it is mandatory for the defendant to appear in the court after bail.
Crimes like felonies are punishable by imprisonment in jail. In this particular crime cases, most courts impose a bail post on the defendant. It is very expensive. Bail is the sum of money a defendant is required to pay the court to make sure that he or she will appear in court to face charges. As long as the defendant is committed to the promises made, the bail is refunded. However, if he or she posts bail but skips court appearance, the court will keep the bail money as well as the judge will issue a bench warrant seeking the defendant’s arrest.
Warrants and Repatriation
Once an arrest warrant is issued by the court, the person facing the criminal charge can be extradited, which means the case will be shifted to another state. Generally, the state where the defendant is facing criminal charges presents a formal request to extradite the case to the residential state of the person. The person has the right to a hearing before being extradited. If facts are available to support the request for extradition, the case might be shifted to some other state where the defendant will face charges.