Asked in Law & Legal Issues
If a crime took place in one state but no charges were filled in that state can another state file charges for that crime?
October 28, 2008 1:44AM
If a crime is committed in one state, the crime is a violation of state law, that state does not file charges, and the perpetrator moves to another state, the second state does not have jurisdiction to file charges. However, the first state can file charges anytime until the Statute of Limitations on that particular crime runs out. This can be years later, and some crimes have no Statute of Limitations. Then they can seek the extradition of the accused to face charges where the crime was committed. The second state will likely graant the extradition request unless an insufficiency of evidence is established during extradition hearings. If the crime was a violation of Federal Law, charges would be filed by the Federal government and it would not matter what state the perpetrator went to. The Federal Government has jurisdiction in all states for Federal crimes. In some cases, the Federal Government can take the acused into custody on the grounds of crossing state lines to avoid prosecution, which itself can be a Federal crime.