Can you prosecute someone in a different state?
Asked by: Mr. Dell Beier IV | Last update: May 8, 2025Score: 4.2/5 (34 votes)
The state where the alleged crime occurred is the state that has jurisdiction to prosecute the offense. For example, if you live in California but you are arrested for a DUI in Florida, Florida has the right to prosecute you for that criminal offense under Florida law.
Can you prosecute someone in another state?
The answer to your post title is yes. Multiple states can have concurrent jurisdiction for state crimes depending on the facts and requisite elements of both states' criminal statutes (an easy hypothetical to understand is if a resident in one state defrauds a resident of another state, both states may prosecute).
What happens if you commit a crime in a different state?
Yes, if you commit a crime in more than one state, you can be charged, tried, and convicted in each of those states. This is because each state has its jurisdiction and can prosecute individuals for crimes committed within its boundaries.
Can someone press charges in a different state?
To answer your question, you can report the crime in either the place where you live (as the victim) or the where the crime was commissioned (were the scammer lives).
Can you be charged with the same crime in different states?
If you are accused of committing the same crime in more than one state, you can be charged, tried, convicted, and sentenced in each of those states. The well-known “double jeopardy” rule only applies to being tried twice for the same crime in the same jurisdiction.
How Does The Prosecution Decide To File Charges?
Can one state enforce another states criminal law?
Like the federal government, states can apply their laws to people beyond their borders. Statutes can reach out-of-state conduct, such as fraud, that has effects within the state, and in some circumstances, states can prosecute their own citizens for out-of-state conduct.
Can you be charged with another crime while in jail?
Yes! Even though the inmate is already incarcerated, they still have the right to obtain legal representation for their new charges. Although they have already been convicted of and incarcerated for a past offense, there is still a chance that new charges can be dismissed or they can be acquitted.
Can you refuse to press charges UK?
The police do not require the victim's consent to press charges. However, if the victim is no longer willing to give evidence, the CPS can run into difficulties during the prosecution if the alleged victim becomes what is known as a 'hostile witness'.
Can you file a police report on someone in another state?
You should report it where the crime occurred. This means you could report it in the city where you live or in the city where they live. In most cases, it helps to just do it in the city you live.
Why do police ask if you want to press charges?
Once an individual reports a crime to the police, the police must determine whether a crime has actually been committed via probable cause and then arrest the offender. The prosecutor then decides whether to press charges; the cooperation of the individual who reported the crime is generally vital to this process.
Can you charge someone out-of-state?
If you are arrested and charged in another state, the court will expect you to show up to face the charges. Another state can issue an out-of-state warrant to extradite you to the state to face criminal charges. You may be able to have a local attorney appear on your behalf so you don't have to travel to the state.
Can you be charged in the UK for a crime committed in another country?
For most offences, police forces have no authority or jurisdiction to investigate an offence committed abroad, unless they have a legal request in place from a foreign state, such as a European Investigation Order or a Request for Mutual Legal Assistance.
What happens when a crime is not committed in a particular state?
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Can you prosecute someone with no evidence?
The short answer is no. In all criminal courts in America, State and Federal, the Constitution requires that the Government prove a criminal charge brought against a person beyond a reasonable doubt. This is a very high burden, often higher than in other countries.
Can someone take you to court from another state?
Yes, you can be sued by someone in another state, even if you reside in California. When a dispute arises between parties located in different states, it can lead to what is known as a "diversity jurisdiction" case in federal court.
Has a state ever refused to extradite?
As of 2010, in practice, Alaska and Hawaii typically do not request extradition if the crime in question is not a felony because of the associated costs of transporting the suspect and the housing fees that must be paid to the jurisdiction in which the accused is held until transported.
How do I press charges on someone in a different state?
Lawyers call this jurisdiction. If you want to sue someone who lives in another state, you will have to sue in the state where the person lives, not in the state where you live. Often you can file papers with the court by mail, but you'll have to follow the state's rules when serving the court papers on the defendant.
Can I call the police for a different state?
With few exceptions, 911 calls cannot be transferred to other towns, cities or states. The best option to obtain emergency assistance in a different state, county or city is to dial the 10-digit phone number for law enforcement in the community where assistance is needed.
What happens when a victim doesn't press charges?
If a prosecutor believes a defendant poses a threat to public safety, they can proceed with charges even if the victim does not want to press charges. This decision prioritizes public safety over the victim's preferences and is common in cases involving serious crimes or repeat offenders.
Can you ask police to drop charges UK?
Yes, it is possible for you, or more likely your criminal defence solicitor, to formally request a case to be dismissed. If you make a request for a case to be dropped, you will, of course, need to provide compelling reasons as evidence.
How much evidence is needed to charge someone in the UK?
There must be reasonable grounds to believe the suspect committed the offence. It's likely that more evidence can be obtained to support a realistic prospect of conviction. The offence is serious enough to justify immediate charges. There are significant grounds to oppose bail.
Can you be charged with something and not go to jail?
Citations are increasingly being used, as jail space gets scarce. An alternative procedure to arrests exists in most states. Instead of arresting people for traffic offenses (like speeding) and minor misdemeanors (such as shoplifting), officers can issue citations. A citation is a notice to appear in court.
Can you visit someone in jail if you have a warrant?
Checking warrants is a way for law enforcement agencies to prevent persons of interest from visiting and consulting with accomplices or acquaintances on the inside. Prison staff will arrest any visitor whose background check shows an outstanding warrant.
Can you be charged twice for the same crime UK?
Part of English law for over 800 years, it was partially abolished in England, Wales and Northern Ireland by the Criminal Justice Act 2003 where, following demand for change, serious offences may be re-tried following an acquittal if new and compelling evidence is found, and if the trial is found to be in the public's ...