Legal Question in Criminal Law in Massachusetts

If you are arrested in California for an out of state warrant, is it true that you may be obligated to do the time in the state of california rather than be brought back to the state where the warrant originated from?


Asked on 2/23/10, 6:40 am

3 Answers from Attorneys

Christopher B. Coughlin Coughlin Law Group, PC

No. If you were to ever "do time" on that charge it would be in the state in which you were charged. You may be confusing CA's ability to detain someone pending extradition/rendition to the offending state. With very few (almost none) exceptions, you would never do time in one state for an offense committed in another (federal prison excluded of course).

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Answered on 2/28/10, 7:45 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

If convicted in MA, you may be able to credit credit for the time.

Call me with any questions at 978-749-3606.

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Answered on 3/01/10, 8:39 am
Gregory Casale Gregory Casale Attorney At Law

If you have a Mass warrant and are arrested in another state for that warrant, the arresting state will charge you with a "Fugitive From Justice" charge and hold you while they contact Mass to see if they want to come to get you. If you would like more information on this type of situation got to my website at www.lawworcester.com. We handle a lot of old MA warrants for people who have since moved out of state. As it explains on www.lawworcester.com, it is a good idea to clear this warrant when you can on your terms. If you dont you can be arrested and charged with the Fugitive charge over and over again since even if MA says they do not want to come get you, they will not close out the warrant. It remains open and the next time you are stopped and IDed, you may very well go in again while the new jurisdiction charges you and checks with Mass etc. If you have an open warrant, call us. Get it cleared before you are arrested. We have been able to clear every one of these warrants so far. That is no gurantee of how your case will turn out. Call (508) 752-7500 to discuss your options.

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Answered on 3/01/10, 10:55 am


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