Can we transfer a case to another state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can we transfer a case to another state?
My son was arrested for domestic Violence and unlawful imprisonment in the State of Wa. He came home to SC to figure out what to do and we were wondering if the case could be transfered to SC. He is out on his own personal recognances because he has never been arrested and is a good boy.
Asked on June 23, 2009 under Criminal Law, South Carolina
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Although I do not practice in the States of Washington or South Carolina, the general rule is that state criminal prosecutions cannot be transferred from one state to another. The logic behind this is simple: Due to the fact that each state has a different set of laws, the laws regarding criminal behavior (as well as the precedent that is particular to each state) vary from state to state. Since your son has been given a promise to appear, it is very important for him to appear at his court dates. Failure to do so may expose him to additional criminal liability. I recommend that you consult with and/or retain a criminal defense attorney in the State of Washington to represent your son. That attorney should be able to advise you with respect to how to minimize the necessity of your son's actual presence in Washington state during the pendency of this action, in addition to being able to evaluate the strength of the state's evidence as well as the merits of any and all potential defenses that may be available to your son in the interest of obtaining the most favorable resolution of this matter as possible.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.