Legal Question in Criminal Law in California

Interstate transfer of criminal proceedings

I was arrested for possession of Meth. Is it possible for me to be seen by a judge in Iowa, where my family lives? If not the trial, then is it possible for me to serve my sentence in Iowa rather than California?


Asked on 12/27/07, 3:12 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Interstate transfer of criminal proceedings

Your court case will not be moved out of state. Each state enforces its own criminal laws, and no state's taxpayers want to foot the bill for trials of crimes that happened elsewhere.

You should expect to serve any sentence you receive in California as well. California's prisons are overcrowded and it sometimes pays other states to house its inmates, but these decisions are made based upon the interests of the state and not the preference of the inmate. I don't know whether Iowa is among the states that accept California prisoners.

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Answered on 12/27/07, 3:31 pm
Terry A. Nelson Nelson & Lawless

Re: Interstate transfer of criminal proceedings

You'll go to court, and serve any sentence, time or probation ordered, here, not wherever you might prefer. You don't get a choice in the matter, except by having committed the alleged crime here. Only the local prosecutors and courts have jurisdiction over you. While it may be possible for you to arrange a 'pay to stay' deal with a jail/prison in Iowa, it is not going to be easy to convince the judge here to allow it. Sounds like you should hire an attorney and obtain proper info, advice and representation. Feel free to contact me if serious about doing so, if the case is in SoCal.

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Answered on 12/27/07, 5:34 pm


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