Coming up with bail, looking for the right lawyer, deciphering the charges – any kind of criminal charge can be difficult for the accused to manage. Add some location confusion to that and the stress will quickly start piling up. If a person is arrested and charged with a crime in a state that is not his or her permanent residence, it can be even more difficult to work with the law and mount an adequate defense.
The state in which the alleged crime occurred is the state that has jurisdiction to prosecute the offense. So, for example if you live in Tennessee and you are arrested for a DUI Bail Bonds in Gwinnett County Georgia, the state of Georgia has the right to prosecute you for that offense. This can lead to some very real logistical problems for the defendant. The whole criminal process often requires the defendant to appear in court multiple times. When the defendant has been released on bail or other terms before his court date, it can be burdensome to return to the state in which the defendant is tried every time a court appearance is required. It is important to note that you cannot simply return to your home state and ignore the charges from the other state!
Often, out of state residents who are arrested face misdemeanor charges such as driving while intoxicated, substance possession or disturbing the peace. Many states allow the defendant to hire a local attorney who can appear for the defendant in most criminal proceedings. That means that you would not have to bear the expense of traveling to the state in which the alleged misdemeanor occurred nor would you have to lose time from work in order to defend yourself. If you choose to allow your attorney to appear for you then it is important that you find someone whom you trust and that you stay in close contact with your attorney by telephone or e-mail so that you know exactly what is happening with your case.
If you are arrested for a felony then one of the first things that will happen is a bail hearing. If the arrest happens in a state other than your home state then it is unlikely that the judge will release you on your own recognizance because you do not have strong ties to the community. Instead, you will likely be required to post bail. The easiest way to do that by far will be by hiring a bail bond agent. While bail is commonly required for in state defendants, it is almost always required for out of state defendants. If the defendant appears in court as required then the bail can be refunded as usual. If the defendant does not appear as required then the bail is not returned to the defendant. That’s another reason to get a bail bond – it’s a lot cheaper than posting bail in full! Once bail bonds in Gwinnett County is take care of, what’s most important is to adhere to all of the rules in the jurisdiction in which you are charged.