Legal Question in Criminal Law in California
Fleeing the State to Avoid a Trial
My nephew was recently charged with 2 misdemeanors involving a firearm. He's already been to court on the issue several times (he plead not guilty), and last week the District Attorney set a trial date for July.
However, my nephew wants to ''flee the state'' in order to avoid the trial. I'm trying to convince him that if he flees, he'll probably just be extradited, or worse, once he crosses state lines, will probably have the FBI after him.
He claims, however, that since they're just misdemeanor charges and not felonies, that they probably won't even try to hunt him down. Is he right? I just don't want to turn on the TV in a month and see him on ''America's Most Wanted.''
Would they come after him across state lines for something like this?
2 Answers from Attorneys
Re: Fleeing the State to Avoid a Trial
Life as a fugitive is no fun and has no time limit. At best he would keep getting arrested and released in another state if not extradited. He wouldn't be able to get a job or fly on an airline. And for what? To avoid what is probably, worst case, a brief stint in the county jail?
Re: Fleeing the State to Avoid a Trial
Ask him how he thinks he is going to function without a drivers' license, unemployment, disability, welfare, Social Security, or even employment or housing rental requiring any kind of application and/or background check [which most now do]. Does he intend to be a street corner casual laborer from now on? What about the risk of arrest and extradition upon coming in contact with any police or government agency anywhere in the US, and having to look over his shoulder for the rest of his life? Not the brightest penny, eh?
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