Can A Person Leave the State if They are Being Investigated for a Crime?

Yes! Unless and until criminal charges have been filed against you, you are free to travel about as you please. Moreover, even if criminal charges have been filed against you, but you are not aware that such charges have been filed, you may still legally travel about. However, if you are aware that criminal charges have been filed against you, you may wish to retain an Orange County criminal defense attorney who can contact the police and/or prosecutor on your behalf to determine if a warrant has been issued for your arrest. Most individuals who have been charged with out-of-state criminal offenses do not find out about the charges until they are stopped in their home state for traffic violations. What typically happens at that point is that while checking your identification for a routine traffic stop, an officer will find that an outstanding warrant for your arrest exists. Depending on the type of warrant issued by the out-of-state agency, the officer may either order you to report to the agency requesting the warrant, or may arrest you and take you into custody.

Once in custody, you will likely be tried in the state where the warrant was issued. What that means is that you will be returned to the state where the crime was committed (or where you have been accused or convicted) from the state you are currently in. This process is known as extradition or what is also referred to as “interstate rendition” (i.e. when you are transferred from one state to another). Extradition is only legal when you have been properly charged in the state to which you will be returned. The problem is that you generally can’t question whether you've been properly charged before being extradited! An experienced criminal defense attorney, such as the attorneys at Wallin & Klarich, have knowledge of the extradition process, can inform you of your rights, and can also help you fight extradition by requesting an extradition hearing to determine if extradition is appropriate. Because of the complicated extradition process, a criminal defense attorney plays a crucial role in your case.

If there is reason to believe that you have been charged with a crime, will be charged with a crime, or potentially face extradition, it is highly advisable that you contact and retain and experienced and skilled criminal defense attorney to represent you before you have been charged and before a warrant is issued for your arrest. A Southern California extradition attorney can advise you of your rights and best advise you on how to handle contacts with the police. It can be very helpful to have an attorney intercede on your behalf before a warrant has been issued, as he or she may be able to influence the prosecutor's "charging decision." Sometimes, an attorney will be able to convince a prosecutor to charge a less serious offense, to send the complaint back to the police for more investigation, or to even refuse authorizing a warrant. However, once a warrant is issued, it is very difficult to get a prosecutor's office to change the charge.

To ensure that you have the best possible chance of prevailing against possible criminal charges or dealing with possible extradition, you need the legal expertise of an aggressive and skilled criminal defense attorney. At Wallin & Klarich, our attorneys have zealously represented our clients on all types of criminal defense matters for over 40 years and can help you achieve the best possible outcome in your matter. Call us today at 1-888-749-0034 we will be there for you when you call.