Having a run-in with the law is stressful enough but if you happen to get detained, it is far more anxiety-inducing if you are away from home in another state. Getting arrested while out-of-state definitely brings a lot more challenges but it doesn’t mean that it will always completely upend your life until concluded. Here are the main things to know about out-of-state arrests.
You are charged based on the laws of where you are arrested
When you visit a different city or state, you have to follow the laws of that specific state. For example, marijuana may be legal in Colorado but is not in Texas. So while in Texas, if you have possession of marijuana you are breaking the law and can be arrested even if you wouldn’t be in Colorado. This was an easier example but sometimes it can cause confusion if a certain state has vastly different laws than another so it can be important to keep that in mind.
If the charges are misdemeanors, you may be able to avoid having to travel back
In the case of misdemeanors, a defendant may possibly gain the services of a local lawyer and have them act as a proxy so the defendant does not have to travel back and be physically present for the hearing to proceed. This however is only possible with misdemeanors in certain circumstances and with felonies it is not possible to hire a proxy so travel arrangements will need to be made so the defendant can show to the hearing.
Personal Recognizance is not an option
With the vast majority of out-of-state cases, a judge will not offer personal recognizance as an option because the by default the flight risk is high. Since the defendant does not live in the state, it is very easy for them to attempt to flee so a bond is set to greatly curb that option without consequences.
The home state will not protect a defendant from charges
As said before, it may seem really easy to just go home and avoid going back to the state that wants to press charges but the various precincts often work together and can help get you back and in custody. So if this is attempted not only will the defendant face the original charges but will also have additional charges added on top for running.
In conclusion, it is definitely more bothersome to be arrested while out-of-state but with some arrangements and good behavior, once things are sorted it will all be settled without too much fuss.