If I am a suspect or “person of interest” in a homicide but police do not have enough evidence to arrest me, can I leave the state without penalty?

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If I am a suspect or “person of interest” in a homicide but police do not have enough evidence to arrest me, can I leave the state without penalty?

Asked on May 30, 2012 under Criminal Law, North Carolina

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

If you are a suspect or person of interest in a homicide, you are free to leave the state without penalty because you have not been charged with the offense, not in custody of the police, and there are no bond conditions attached thus far preventing you from leaving the state. If however, an arrest warrant is or will be issued, then by you leaving the state, if arrested out of state, you may be determined to be a flight risk for any bond hearing at your arraignment, so keep this in mind. Also, when considered a "person of interest", at some point the police may attempt to bring you in for questioning or may meet you somewhere to question you, be mindful that your statements during this conversation can be used against you later in court, so I always advise to simply remain silent and invoke your right to have an attorney present because a Homicide charge is a very serious offense and a murky road to travel without the advice of counsel.


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