Can we transfer a case to another state?

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Can we transfer a case to another state?

My son was arrested for domestic Violence and unlawful imprisonment in the State of Wa. He came home to SC to figure out what to do and we were wondering if the case could be transfered to SC. He is out on his own personal recognances because he has never been arrested and is a good boy.

Asked on June 23, 2009 under Criminal Law, South Carolina

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Although I do not practice in the States of Washington or South Carolina, the general rule is that state criminal prosecutions cannot be transferred from one state to another.  The logic behind this is simple:  Due to the fact that each state has a different set of laws, the laws regarding criminal behavior (as well as the precedent that is particular to each state) vary from state to state.  Since your son has been given a promise to appear, it is very important for him to appear at his court dates.  Failure to do so may expose him to additional criminal liability.  I recommend that you consult with and/or retain a criminal defense attorney in the State of Washington to represent your son.  That attorney should be able to advise you with respect to how to minimize the necessity of your son's actual presence in Washington state during the pendency of this action, in addition to being able to evaluate the strength of the state's evidence as well as the merits of any and all potential defenses that may be available to your son in the interest of obtaining the most favorable resolution of this matter as possible.


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