What to Do if You Are From Out of State But Charged with a Crime in Utah?
In the United States, people can travel across state lines as much as they want. However, people sometimes get into trouble in a state they do not live in, and they might face criminal charges.
It is possible that someone visiting Utah from another state can be charged with a criminal offense in Utah. Unfortunately, there is a lot of confusion surrounding what happens when someone is criminally charged outside their home state. Typically, your charges will be assessed according to Utah law. However, if the alleged offenses happened in more than one state, you might instead be federally charged. Immediately after you are arrested, you should call an attorney and begin figuring out bail. If you can secure pretrial release, you might not necessarily have to wait in Utah until your trial, although this might vary based on the situation.
If you are facing criminal charges in Utah but do not live in this state, our Utah criminal defense lawyers can help you. Schedule a free case review with our team at Overson Law, PLLC by calling (801) 758-2287.
Being Charged with a Crime in Utah When You Live in a Different State
Defendants charged with a crime in Utah but who live in a different state often want to know which state is assessing their charges. Generally, the state in which your alleged crime occurred is the state that will press charges and prosecute your case. This means that if you were arrested for a supposed offense committed in Utah, the State of Utah will handle your charges and case.
In many cases, people are confused because they are arrested in their home state for an alleged crime committed in Utah. In that case, a person might be arrested by the authorities in their home state before being extradited to Utah. The extradition process depends on the laws of Utah and the defendant’s home state. Under Utah Code § 77-30-22, the governor of Utah must issue a warrant for the return of an individual charged with a crime in this state, and almost all other states will comply with extradition requests.
There is a chance that your charges will not be under the State of Utah’s laws but instead filed under federal law. When a crime involves more than one state, and one state cannot exert jurisdiction over the case without encroaching on the jurisdiction of another state, the case might become a federal matter. In such cases, defendants are charged and tried in federal court.
Steps to Take After Residents of Other States Are Charged with Crimes in Utah
If you are charged with a crime in Utah, there are several steps you should take to help get your case under control. First, you need to contact an attorney licensed to practice law in Utah. Next, you and your lawyer should begin working on bail so you can get out of jail. Finally, you can talk to your attorney about whether you can return to your home state while you wait for your trial to begin. Our Salt Lake City criminal defense lawyers can assist you with your case and help you fight these charges.
Call a Lawyer
As soon as you can, you should contact a lawyer. After you are arrested, the police might want to ask you questions about the alleged crime. Before they do, they must read you your Miranda rights, which include your right to remain silent and have a lawyer with you. You should very clearly invoke these rights and refuse to answer questions until you have a lawyer with you.
It should be noted that since you are facing criminal charges in Utah, you need a Utah attorney. You might have a lawyer back in your home state, but they might not be licensed to practice in Utah or have knowledge of how Utah criminal laws and procedures operate. Our Murray criminal defense attorneys can help you with your charges in this state and alert your attorney or family members in your home state if necessary.
Figure Out Bail
Your next step should be to figure out what to do about bail. While many states use a cash bail system where defendants must pay a certain sum of money to be released from prison, this system is falling out of favor in many jurisdictions, including Utah. Bail reform laws in Utah all but eliminated the cash bail system, but the governor repealed these bail reform laws in 2021 without replacing them. As it stands now, you might have to pay money to secure bail, although many prosecutors and courts opt for cashless bail anyway.
To determine bail, courts consider multiple factors of your case, including the severity of the alleged offense, your criminal history, and whether you pose a flight risk. Our Layton criminal defense attorneys can help you argue for the least restrictive bail possible so you can get out of jail now while we wait and prepare for your trial.
If you are released on bail, the first thing you want to do is return home while you wait for your trial to begin. Unfortunately, this issue is a bit complicated since your home is in another state. Sometimes, the courts are understanding and allow the defendant to return to their home state as long as they show up for their next court date. Other times, especially in cases involving more serious charges, defendants are not allowed to leave the state while out on bail. Our Taylorsville criminal defense lawyers can help you work this out with the courts. It is best to get clearance from the judge before you leave Utah for home.
Call Our Utah Criminal Defense Attorneys For a Free Case Review
If you face criminal charges in Utah but live in another state, your case might be more complex than the average criminal case. Our South Jordan criminal defense lawyers are prepared to help you through this ordeal and get you home as soon as possible. For a free case review, call Overson Law, PLLC at (801) 758-2287