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?

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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

Answers:

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

Answered 9 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. 


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