If I was arrested in a different town other than where I live, is it legal to have my court appearance where I live live?

Possessin of marajuana

Asked on June 25, 2012 under Criminal Law, New York


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Only the court where you were arrested has authority over your case.  Every state, including New York, has general jurisdiction and venue rules.  These rules outline where and how a case can be filed.  These provisions cannot generally be waived.  So, if you were arrested for possession of marijuana in one place, you will have to appear for the court that presides over that location.  The main exception to this rule is if the commission of an offense overlaps between two locations (like a kidnapper that traveled to two places with the same victim), then the state could pick where they wanted the case filed-- but even then, venue would be limited to one of the two applicable locations. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.