Legal Question in Criminal Law in California

Jurisdiction of criminal acts and trial location when elements of the crime exsi

If persons conspire to commit armed robbery in Arizona while residing within the boundries of california. Then continue to carrie out the elements of conspirecy in Arizona And commit the criminal actions they conspired to in Arizona. Which state may the victim file a complaint. Can the victim file a complaint in either state. Or does the complaint having elements of two crimes have to be split between two states.


Asked on 2/13/01, 6:49 am

2 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Jurisdiction of criminal acts and trial location when elements of the crime

Since the crime itself is greater than the conspiracy, the state in which the crime took place would normally prosecute. This may also be a Federal matter. The Feds may decline to prosecute and let the state in which the crime took place prosecute.

However, you report the crime to the appropriate authorities. And if they decline to prosecute the states vary on your next option. So seek some legal advise concerning each state's laws on criminal acts that the state's criminal prosecutors fail to prosecute.

Normally you as the victim may recover through the sentencing procedure after the criminal conviction. However, you may also attempt to recover by suing in civil court.

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Answered on 3/27/01, 8:35 am
Michael Jones Michael K. Jones, Attorney at Law

Re: Jurisdiction of criminal acts and trial location when elements of the crime

More than likely, the state wherein the underlying crime occurred will prosecute. However, the Feds may decide to prosecute since the two crimes (conspir. and the underlying crime itself) occurred "inter-state"...in other words, between states.

My gut reaction is that the state wherein the robbery occurred will probably hold the bag on this one and they will be the ones that probably prosecute.

if interested in discussing this in further detail, visit my website at www.thebestcriminalattorney.com or call me at (818) 398-3788.

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Answered on 3/27/01, 1:50 pm


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