Can My Criminal Case be Transferred to another County or State?
If your case has not yet been adjudicated – meaning if guilt has not yet been established or rejected – then no, you cannot transfer your case to another County or State.
The reason for this is that cases must be tried where they occur, and the legal terms for this are “venue” and “jurisdiction”.
“Venue” refers to the physical location where something happened, and “jurisdiction” refers to the official power of a court to make legal decisions and judgments.
In some extreme instances venue can be changed to another jurisdiction (for example due to an inability for the accused to receive a fair trial in the proper venue), but this is the exception to the rule.
Think of it this way: You can no more forum shop for courthouses (or judges) than can cops roam about wherever they please writing tickets and making arrests. Police are limited to enforcing the law in their jurisdictions, and you are bound to answer to your law violations where they occur.
If your case has been closed and you are serving a probationary term then you may be able to have your probation transferred to another State, but in order to do this you will have to go through and be approved by the “Interstate Commission for Adult Offender Supervision”, which is also known as the “Interstate Compact”.
For more information on the Interstate Compact please check out their website at “www.interstatecompact.org”.
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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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