Where will I go to trial for my warrant? 44 Answers as of June 01, 2011

If a person has a warrant out for their arrest in one state, and is arrested in another state for a separate battery crime, where does the person go to trial?

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Vermeulen Law office P.A.
Vermeulen Law office P.A. | Cynthia J.Vermeulen
The trial will be held in the county and state where the offense is alleged to have occurred, where the charges originate.
Answer Applies to: Minnesota
Replied: 6/1/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When arrested, you will be held in that state until the original state extradites you to the original court for prosecution. You have the right to fight and contest extradition in the arresting state. The charges and outstanding warrant will remain pending forever until resolved. For you to handle a warrant, you must turn yourself into the court, with or without an attorney, and try to negotiate a plea bargain on the warrant and new Failure to Appear charges, and negotiate any outstanding charges that caused the warrant. If serious about hiring counsel to help you in the extradition or defense in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 5/31/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You would be tried in the County and State where the offense was committed.
Answer Applies to: Alabama
Replied: 5/31/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
In the court where from which the warrant was issued.
Answer Applies to: California
Replied: 5/31/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
In the state of the offense.
Answer Applies to: Michigan
Replied: 5/31/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    You have a separate trial in each state in which you have been accused of committing a crime.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    For the offense that occurred out of state, the proper jurisdiction would be in the county and state where the case was presented at the time of the issuance of the warrant, in other words, the out of state case will be tried out of state, while the battery case will be tried where it occurred, from what I gather, in state.
    Answer Applies to: Illinois
    Replied: 5/31/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    Your summary states that you were arrested in one state for a crime and have another charge in another state. You will appear in the state that you were arrested. If you have a warrant from another state they may try to extradite you to the other state to face those charges. They can hold you without bail for 90 days or longer and then return you to the state that has the warrant. You should waive extradition and see if they pick you up and drive you to the state that has the warrant. You can plead the other case out during the 90 day period and then handle the extradition case. If you are innocent or they have the wrong person, which is very unlikely, you can request a hearing to show that they have the wrong person.
    Answer Applies to: New York
    Replied: 5/31/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The interstate agreement on detainer has been enacted by all states. The IAD will control which case goes first if still in custody. However, if not in custody then it really depends on each state's docket and whichever is quicker will go first. You will need a good lawyer, contact one immediately and do not discuss cases with anyone in meantime.
    Answer Applies to: New Hampshire
    Replied: 5/31/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    The State which issued the warrant should be responsible for the time and expense of any trial. Sometimes the issuing State does not even want to pay for the costs of transporting the arrested individual back to the issuing State.
    Answer Applies to: California
    Replied: 5/31/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That depends on the reason for the warrant. In all probability, the person will go to court in both jurisdictions. Trial for the battery will take place where the alleged battery occurred. If the case from out-of-state has not been resolved, the person will be extradited to the other jurisdiction after the battery case is resolved. That means the person may sit in jail. The court or the prosecutor may hold the person until he or she pleads guilty. The he or she will be transported to the other jurisdiction. Because a lot of people plead guilty to get out of jail, it is important that your friend has a skilled and committed attorney to back him up.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    They would be tried in both states for each separate charge if a plea agreement cannot be reached. Which case proceeds first may depend on the severity of the charges in each state.
    Answer Applies to: Minnesota
    Replied: 5/31/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The warrant should be precise as to the jurisdiction of the criminal charge. You can be extradited to the state where the warrant was issued to be prosecuted there. You must be prosecuted in the same court where the charge is brought.
    Answer Applies to: Kansas
    Replied: 5/31/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    It will depend upon which charges are more serious and the respective extradition laws in each state. In some cases you might be extradited to the state in which the more serious offense occurred. It would be advisable to speak to criminal attorneys in both states to determine your options.
    Answer Applies to: Louisiana
    Replied: 5/31/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    A person will go to trial in the state in which the crime occurred. For the warrant you will go to trial in the state that crime occurred.
    Answer Applies to: Connecticut
    Replied: 5/31/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You will be tried for the battery where the battery occurred and then extricated to the jurisdiction that holds the warrant to answer those charges.
    Answer Applies to: New York
    Replied: 5/31/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    Generally the trial is had in a court that has jurisdiction which is usually the state where the alleged offense was committed. There may be more than one court in the state that has jurisdiction. Venue is the most appropriate court that has jurisdiction.
    Answer Applies to: New York
    Replied: 5/31/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You will go to trial in the State where the crime was committed.
    Answer Applies to: Washington
    Replied: 5/31/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    Normally, you will go to trial first for your battery since the state who has custody of you will want to get you squared away before they send you to the other state (the fear being if they ship you to the state where you have the warrant, the other state won't necessarily send you back when you're done there). The state that has the warrant for you would then decide on whether or not they want to extradite you back there. Depending on what the charge is for, they may or may not choose to extradite you.
    Answer Applies to: Oregon
    Replied: 5/31/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Can go to trial in both states on the separate charges. Talk to your attorney.
    Answer Applies to: California
    Replied: 5/31/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    Each state would have the right to prosecute you separately for your crimes in their respective jurisdictions. If they wish to prosecute you and you are unable to reach a settlement agreement by which you would voluntarily enter a no contest plea,you would likely first be tried in the state which has you currently in its custody.That state would have the option of requiring you to serve out your sentence in that state before extraditing you to the other state, or it could simply opt to let the other state have you so that it could prosecute you. However, unless your crime for which the other state has a warrant out for your arrest was particularly egregious, like a felony battery, attempted murder or murder or the like, it is unlikely that the state in which you are currently being held is going to let you go to the other state until you have served your sentence in that state. It may or may not care to extradite you to the other state after that.
    Answer Applies to: California
    Replied: 5/31/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    If both places want him then first in the state he is in now.
    Answer Applies to: California
    Replied: 5/27/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry Court is in the jurisdiction where the offense occurred.
    Answer Applies to: Michigan
    Replied: 5/27/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The battery charge will be tried in the state where it occurred. The cops will likely take you back to the state where the warrant is from once the battery charge is cleared up.
    Answer Applies to: Nebraska
    Replied: 5/27/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    The two cases will probably be tried separately. As a general rule, a person must be tried for a crime in the County and State where the crime was committed. Odds are that the State currently in possession of the person will try their case first. Once that case is done, the person might go through an extradition proceeding, which will cause them to be transported back into the other state, where the person will be tried on the other crime. The warrant is not a complaint against you and does not charge you with a crime. The warrant is a Court order that tells all law enforcement officials to look for you and bring you into the Court that issued the warrant. The Court will probably present you with the complaint, citation, or indictment that charges you with the crime once you are brought into Court. Once you are brought before the Court, the warrant goes away, and the case will then proceed based on the charges in the complaint, citation or indictment.
    Answer Applies to: Minnesota
    Replied: 5/27/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The jurisdiction of one state does not transfer to another state. Therefore, if you are arrested on a warrant in state A, your trial for that alleged crime would take place in state A. If there is an outstanding warrant for you in state B, and assuming the crime is extraditable, after trial in state A, state B could start extradition proceedings to have you brought back to state B for trial on that charge. Depending on the charges pending in each state, state A could allow you to be extradited to state B to be tried there first.
    Answer Applies to: Michigan
    Replied: 5/27/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, as to venue, a person is tried in the county and state in which the alleged offense occurred.
    Answer Applies to: Georgia
    Replied: 5/27/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    The case will be tried in the state that issued the warrant.
    Answer Applies to: Georgia
    Replied: 5/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You always go to trial in the place where the alleged crime occurred. The warrant is irrelevant.
    Answer Applies to: California
    Replied: 5/27/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You will stand trial in the state that issued the warrant. If you have warrants in more than one state, you will probably eventually go on trial in both states. Other factors will determine in which state you go on trial first.
    Answer Applies to: Michigan
    Replied: 5/27/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    That might lead to two trials. A 'warrant' is an order by a judge. An arrest warrant might be issued if you have a pending criminal charge, but it might on occasion be for a witness, also. And if you have a warrant in State A and you're arrested in State B, you'll only be sent to State A if State A wants you and wants to pay for it, and also if you either agree to it or you lose a hearing contesting it. When you get to State A, you could be tried for the charges that led to the warrant, if there are any. An arrest in State B for battery could lead to a criminal trial in State B, regardless of the warrant in State A.
    Answer Applies to: Oregon
    Replied: 5/27/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    There are two separate offenses. Therefore, the person will have two separate trials. Each in the jurisdiction where the crime was committed. If found guilty of each, the person may have consecutive sentences (one after the other). Good luck.
    Answer Applies to: Georgia
    Replied: 5/27/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You will only be tried for the original offense if you are extradited back to that state. The first state must choose whether to put a hold on you and extradite you. It depends on how much they want you, how serious the original crime was.
    Answer Applies to: California
    Replied: 5/27/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    The person will be tried in each state for the crimes in each jurisdiction. Stay well.
    Answer Applies to: Alabama
    Replied: 5/27/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You go to trial in the jurisdiction where the crime occurred. If an out-of-state warrant is extraditable, you will be transported to that jurisdiction on the conclusion of the local crime.
    Answer Applies to: Washington
    Replied: 5/27/2011
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