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Posted by: Maricopa Lawyers on Mar 25, 2014

If you or a loved one has been accused of a crime, there are always difficulties and hardships to overcome. Being accused of a crime out of your home state or permanent residence, however, can be even more difficult. As always, there are important things to understand when dealing with crime, especially when dealing with an out-of-state charge.

Jurisdiction

One of the first and most important things to understand about being charged with a crime out of your home state is jurisdiction. Whatever state the alleged crime occurred within is the state that has the jurisdiction (or the official power to make legal decisions) to prosecute the offense. For example, if you’re a resident of Arizona but you committed a crime in Texas, the state of Texas then has the right to prosecute you for that crime.

Misdemeanors & Felonies

When committing a misdemeanor out of your home state, you will most likely be allowed to return home and hire a local attorney to defend your case during your absence. This means you would not have to return to the state in which the crime was committed, saving you time and travel expenses.

If you’ve committed an out-of-state felony, you will most likely have to post bail which acts as a guarantee to the court that you will return for additional hearings. When you return for your hearing, bail will be refunded. If you fail to return, you will most likely be arrested and held in custody while awaiting trial.

Out Of State Legal Assistance

No matter what the circumstance is, you should always seek advice from an attorney that serves within the state the alleged crime was committed. it is crucial to seek councel from a local attorney who understands the charges and who can explain how the proceedings in that state will occur.