Arrested on Vacation in Wilmington, NC
Getting arrested is already a very stressful ordeal, but it is on a whole new level if you get arrested out of state. For instance, what happens if you get arrested while on vacation? Our Wilmington criminal defense attorneys can help you handle the specifics of such a circumstance.
It is first important to realize that it might be even more difficult for a defendant to create an adequate defense if one is arrested and charged with a crime in a state that is not their permanent residence.
Arrested Out of State
The state in which the alleged crime occurred is the state that has jurisdiction to prosecute the offense. Meaning, if you’re from New York and you are arrested for drunk driving in North Carolina, then North Carolina has the right to prosecute you for that offense.
This can lead to quite a number of logistical problems, especially if you are the defendant. The criminal process often requires the defendant to appear in court multiple times, which means you will have to appear in North Carolina all the way from New York. It is also important to know that you can’t just return to your home state and ignore the charges from the other states. The United States requires states under the Constitution to render suspects on the request of another state, called extradition.
It is often for out of state residents to face misdemeanor charges while driving while intoxicated. Many states allow the defendant to hire a local attorney who can appear for the defendant in most criminal proceedings. This means you don’t need to burden yourself of traveling to the state on which the alleged crime happened all the time.
If you are arrested for a felony, then one of the things that might happen is the bail hearing. If the arrest happens in a state that is not your home state, then it’s unlikely that the judge will release you on your own recognizance because you don’t have strong ties to the community. You will most likely be required to post bail – which is almost always required for out of state defendants.
Whichever the case, these out of state charges will still appear on public record, so be careful as you may carry these convictions with you for life.
Hire a Wilmington Defense Lawyer
If you ever find yourself in this situation, it is always best to be aware of the laws of the land. It is always helpful to remember that North Carolina may have laws separate from other states, and it is wise to be familiar with some of these changes. It may be able to help you, your friends, and even your family.
If you or a loved one has been arrested while on vacation, call our Wilmington criminal defense attorneys for a consultation. Remember, it’s always best to at least be familiar with the law, or at least have a legal expert to help you understand them.
