Legal situations are already difficult and sticky to be in. Your case becomes even more complicated if you are accused of a criminal offense as a visitor in a foreign state. In addition to the usual criminal charges, you are bound to face after committing a crime, such as jail time or a fine, there is the likelihood that you will be deported. Maneuvering the legal system in a different state might make your head spin, making it crucial to know what to do in such a situation. In this article, we will discuss what happens if you commit a crime as a visitor in another state.
The State Jurisdiction
In simple terms, jurisdiction is the state’s power to prosecute any crime you commit within its borders. For instance, if you come from your home state and you are caught fighting in a nightclub out of state, you will be arrested and possibly charged with assault and battery in that state. If the judge sees it fit to sentence you to jail, you will serve the time where you were charged till your term is complete.
In some cases, the state could have jurisdiction over a crime even though the defendant never crosses the border into their territory. For example, an adult male in another state might be charged with child enticement for coercing a child to engage in sexual behavior with them via an online conversation. If he is tracked down and caught, he will be transported to the state where the child lives to be sentenced.
Possibility of Being Arrested in a Foreign State
Unfortunately, the authorities can hold you in jail before the trial. As long as you committed the crime within their borders, they will still arrest you until you appear before a judge. However, your arrest doesn’t bar you from hiring a lawyer or requesting bail. If you cannot afford a lawyer, the state will appoint one for you because you have a right to legal representation.
Leaving the State with Pending Charges
If you are wondering whether you can leave the state after getting wind of your criminal charges, the answer is yes. However, running won’t guarantee that you will evade criminal charges. You might consider leaving the state if the authorities haven’t arrested you. We advise you to talk to your attorney before booking any flight. You might get to your native state only to find out you have a court hearing in the next half hour.
Suppose you post bail, and the police release you from your cell. The judge might accept bail, provided you remain within the state for the trial. Ensure you consult your attorney and ask them to explain the repercussions of not appearing in court.
The Importance of Obtaining Legal Assistance
One of the first things you must do after you are charged with a crime in another state is to consult with reputable criminal defense attorneys. Your current situation is trickier than if you committed the offense in your hometown and you need all the help you can get. You must get a lawyer who practices in that state and is familiar with the judicial system, court rules, and local laws. A seasoned lawyer will protect your rights and ensure your case is handled in the best way possible.
Posting Bail and Court Appearances
You can post bail if you are charged with a criminal offense in another state. This bail money ensures you return to court to face your charges in a trial. The judge sets bail depending on your background, the severity of your criminal charges, and your ties to the community. The judge will ensure you get your bail money back if you attend all the court hearings. However, if you skip town, the judge will keep your bail money, and you will have a bench warrant for your arrest.
Regarding court appearances, the judge will require you to be physically present for trial. However, the judge might approve you to appear through your attorney in certain proceedings. If you are charged with a serious crime like sexual assault, you have no option but to appear in court physically for all the hearings.
Extradition to Your Native State
To be extradited is to be moved to the state you are from to face charges for your crime. The state where you committed the offense will usually make a formal request to your native state. Before you are transported back home, you are entitled to a court hearing, where the facts supporting the extradition will be laid out for you. Since extradition is expensive, states reserve this action for major offenses.
Final Thoughts
It can be devastating to find yourself facing criminal charges in another state perhaps as a visitor or tourist. It is thus vital to take steps to protect your rights. This is why it is essential to seek legal help to help protect your right.
