Legal Question in Criminal Law in New Jersey

A defendant is convicted on a plea: misdemeanor for failure to file. Def awaits sentencing and continues her release on bail. Def pleas in EDNY. Def is then arrested in EDPA for violating her release conditions on the basis that def has committed a new crime. The alleged new crime is mail fraud, wire fraud, and lying to the court in EDNY. The alleged crime occurred in PA. Def is arrested in PA and an initial hearing is performed before a magistrate in which the identity of Def as person accused is confirmed. Which district has jurisdiction to determine whether there is probable cause to hold a revocation hearing? Under which criminal procedure rules and laws should such hearing(s) proceed? (For the sake of this hypothetical - assume that it's the federal district court in both the EDNY and EDPA and the crimes are federal in jurisdiction).

Asked on 10/27/09, 11:20 pm

Gary Moore Gary Moore Attorney At Law

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It was inevitable the, eventually, lawyers might deem this forum as a source of information. Brother,

good luck with YOUR legal research.

Answered on 11/02/09, 5:35 am

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