Massachusetts Legal Developments Blog

Being Charged with a Criminal Offense Out of State

Last month, state law enforcement arrested a man in New Mexico who is wanted in connection with a homicide that occurred in Massachusetts. The arrest occurred after law enforcement received a tip that the man was traveling through the state. They then conducted a high-risk traffic stop on the vehicle and the man was taken into custody without incident. At the time of the arrest, the man was traveling with his five children, who range in age from 3 to 17. 

Being charged with a criminal offense is an overwhelming event, and it is common for the person charged to be unsure of how to proceed. These circumstances can become much more difficult to navigate when a person is charged with a criminal offense in one state for an offense that occurred in another state. 

If you are facing criminal charges in Massachusetts while living in another state, it can help to contact an experienced criminal defense attorney. It also helps to follow a few established strategies, which we will review below.

Jurisdiction Issues

Jurisdiction refers to the ability to make legal decisions as well as judgments. States have jurisdiction over any criminal offense that occurs within the state. 

States additionally have jurisdiction over criminal offenses even if the person never set foot in that state. For individuals who have committed serious criminal offenses in one state, however, it is also possible for a person to be arrested in another state.

Court Appearances can be Complicated

For some criminal offenses in the state of Massachusetts, it is possible for a Massachusetts attorney to appear before a court of law to resolve the case. The defendant him or herself may not need to appear in court. 

When more serious offenses are involved, however, it is likely that you will have to appear before a court of law in the state where you are being charged. To determine whether it is possible to have an out-of-state attorney entirely handle matters for you, the best solution is to speak with a knowledgeable Massachusetts criminal defense lawyer first. 

Posting Bail

If a felony is involved, a court might required an out-of-state person to post bail, which can be particularly expensive. 

Bail refers to money paid to the court as assurance that the person charged will return to court to face these charges. Once a person returns to court, the bail is returned. 

Speak with an Experienced Criminal Defense Attorney

You should not hesitate to speak with an experienced criminal defense lawyer if you are charged with an offense. If you are charged with an offense in Massachusetts but live in another state, you should consider speaking with a Massachusetts criminal defense attorney. If you fail to resolve matters properly, it is possible that you could end up facing a number of much more serious legal penalties. 

During an initial free consultation, Attorney Edward Molari will explain the various charges against you as well as explain your various available legal strategies. Contact Attorney Molari today for assistance.