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What Happens If I Am Arrested Out of State?

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December 10, 2020  |  Posted by Balboa Bail Bonds Team  |  Bail Bonds

There are 50 states that make up the United States of America. Each one has its own laws and regulations that people are expected to follow. Knowing each state’s special laws is far too much for most Americans. Most people know the rules of the state in which they live and work. That means being arrested outside that state is far easier than they realize. So what happens with your case if you are arrested outside California?

Determining Jurisdiction

In a majority of cases, the state that you allegedly committed the crime in will have jurisdiction over your investigation, prosecution, and trial. The alleged crime will be investigated by the officers of that state and the trial will be conducted by that state’s court system.

There are exceptions. For example, if someone lived in California and tried to entice a child from Arizona to travel over state lines for the purpose of sexual abuse, then that crime would be under Arizona’s jurisdiction.

Traveling for Trial

Whether or not you are required to attend your trial in another state will depend on the kind of crime that was allegedly committed. For misdemeanors, you are allowed to hire a local attorney in the state with jurisdiction. At that point, you can travel home and he or she will represent you in court — you won’t have to attend any of the hearings or the trial itself.

However, for a felony charge, you will be required to go to your trial and all hearings. This is because felonies are considered far more serious crimes, such as acts of violence or drug offenses. As such, the court will want to make sure you are attending the trial so that it can keep an eye on you. After all, if you are not present, you may not report back upon conviction to submit to your sentence.

Going Home

Your ability to post bail and return to your own state to go home will depend on the crime that you are charged with. If you are charged with a felony, you may be allowed to post bail, but while you can return home temporarily, you will have to travel back in order to make all required court appearances. On the other hand, if you have been charged with a misdemeanor and post bail, you will be allowed to stay home until your trial is complete.

How to Post Bail

After your arrest, you will likely be given a bail hearing. At this hearing, a judge will determine whether you should be granted bail. There are many factors the judge will consider, such as the type of crime you are accused of, whether there were any alleged victims, and the local bail schedule. However, the factor that will impact you the most is flight risk. Your flight risk is how likely you are to try to evade law enforcement. The fact that you are not from the state means the judge may consider you a high flight risk.

This could mean that your bail will be set higher. The higher the bail amount, the more likely someone is to go to all court appearances. This is because bail money will be returned once a trial is over, whether you were convicted or acquitted. However, the perceived flight risk could also mean that the judge will decide letting you leave the state is too much of a risk, and deny you bail altogether.

It is far more likely that the judge will raise your bail than deny it altogether, however. The good news is, at Balboa Bail Bonds, we specialize in flexible payment plans, and have a low 10% premium. Even if you are arrested out-of-state and your bail is set higher than it would have been in California, with our help, you may still be able to afford to go home. For the support you need during these trying times, call our agency at (619) 760-2222 today.

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