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ott Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 12:34 AM
Original message
Felony apprehension question
If someone is charged with a felony and jumps bail; Can they be arrested for it in all 50 states or just the state they committed the crime in? Does it depend on if it's a violent crime or not? Does the arresting state/county make that call?

I've always understood a felony to be a federal crime, with all that implies.

I'm trying to help a friend out and I'm not having a lot of luck.

Thanks!
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Dogmudgeon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 12:37 AM
Response to Original message
1. In practice, YES
There may be some "holes" in laws regarding felonies in various states' civil codes, but in almost all cases, if you are wanted for a felony in any state, any other state is obliged to return you.

If you know someone who is accused of a felony, his or her first call should be to a lawyer. Jumping bail is one of the worst ways to handle such a legal problem. As soon as your friend can think straight (s/he's probably in a state of panic right now), if not before, find an attorney who specializes in the appropriate type of representation.

Good luck!

--bkl
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Dookus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 12:39 AM
Response to Original message
2. Nope
a felony is not a federal crime. I mean, it CAN be, but the definition of a felony has nothing to do with the jurisdiction.

The absolute best advice for your friend who committed a felony and jumped bail is for him to contact a lawyer ASAP and make plans to turn himself in.

A lifetime of fear and running isn't worth it.
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Teneha Donating Member (38 posts) Send PM | Profile | Ignore Wed Mar-17-04 12:44 AM
Response to Reply #2
4. He'll eventually get caught
I couldn't live with that paranoia all the time.
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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 12:44 AM
Response to Original message
3. felony and federal are two different things
"federal" is one of several jurisdictions -- legally 'where' the crime is committed. usually it's "state" or "federal" but there are also others, e.g., "county" crimes.

"felony" refers to the severity of the crime, contrasted with "misdemeanor". the canonical distinction is that felony convictions can result in prison sentences of a full year or more, misdemeanors involve less than that. however, that's not exact in practice.

if you are wanted in one state, any state can pick you up and extradict you, although in practice different states have different policies and there it does matter if the crime is violent or not. nevada might not bother to extradict you to vermont on a shoplifting charge, but armed robbery will be taken more seriously, e.g.
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punpirate Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 12:48 AM
Response to Original message
5. There are federal felonies...
... and state felonies. A bail jumper in one state charged with a state felony does not automatically trigger federal authorities looking for him or her in another state.

That said, there are cooperative agreements between states, so it depends on which states would cooperate in looking for the bail jumper, I believe.

That said, the state issuing a felony arrest warrant usually notify other states and ask them to look for the offender. If a felony suspect is captured by another state, it depends on the state, reciprocal agreements, and the political climate and local politicians as to whether or not how quickly a suspect would be extradited to another state.

There's also the question of bounty hunters, which operate outside the formal jurisdiction of the states--they get a cut of the bail if they recover a person for trial.

My advice to your friend is to find a good lawyer, wherever he's located, follow that lawyer's advice, i.e., turning himself in. There's a strong presumption of guilt on the part of any jury when considering bail jumpers, unless there's a convincing explanation of fear of being convicted unfairly, not knowing what to do, etc.

Depending upon the type of felony, some local law enforcement agencies will call the FBI for help, and if the FBI agrees to help (which is much more likely in the current climate), that essentially makes it federal.

Find your friend a good lawyer.

Cheers.

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specter Donating Member (788 posts) Send PM | Profile | Ignore Wed Mar-17-04 12:52 AM
Response to Original message
6. Be
Edited on Wed Mar-17-04 12:53 AM by specter
Very careful with your friend, aiding and abeting is pretty serious - Btw were state mates :)
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Dookus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 12:54 AM
Response to Reply #6
7. That is a very good point, Specter
Any attempt to hide him, shelter him, provide him means for escape, etc. can result in the original poster's arrest.

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specter Donating Member (788 posts) Send PM | Profile | Ignore Wed Mar-17-04 12:56 AM
Response to Reply #7
8. Besides
Hes in Alabama, were f***ed up here when it comes to law enforcement
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WilliamPitt Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 01:04 AM
Response to Reply #6
11. Yup. Depending on the crime committed
they can basically put you on the same penal level as the offender. Rape? You're a rapist for helping him flee. Ditto murder and bank robbery. Be cautious.
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ott Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 01:00 AM
Response to Original message
9. Thanks all, this is a lot of good info
But, the friend in question is being harassed by the felon in question.

Local authorities aren't doing much about it, we're pretty sure they don't know about his record, so we're exploring other avenues.

If the state doesn't get him we're considering a bounty hunter.
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specter Donating Member (788 posts) Send PM | Profile | Ignore Wed Mar-17-04 01:03 AM
Response to Reply #9
10. Call the local
FBI and ABI about the harrassment, let them know about his warrents, they will get him.
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necso Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 01:22 AM
Response to Reply #9
12. Call his bail agent.
Or whoever put up his bond. If you know his real name, the state and the dates should be easy enough to find out, at worst you might have to pay someone a few bucks.
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punpirate Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 01:26 AM
Response to Reply #9
13. This seems to be a different question...
... than what you originally posed.

It doesn't matter what the current circumstances are about conviction or on bail, jumped or otherwise.

Have the friend make a deposition to the local police and have him/her petition the court for a cease and desist order and a restraining order (this should be available without cost by visiting the local prosecutor).

Then have your friend go to bail bondsman who made the bond for the suspect and give them all the information available--you shouldn't have to hire a bounty hunter on your own--the bail bondsman is on the hook for the bail money and should have an interest, assuming a bail bondsman is involved. They hate forfeiting the bond. If they don't seem interested, go back to the prosecutor to expedite bond forfeiture, and see how they react then.

Cheers.

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allalone Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 03:40 AM
Response to Reply #13
14. check with bond agent
you can get the bond pulled and the bond enforcement agent can go after him/her. They don't like to lose money on these guys. Who can blame them.
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WannaJumpMyScooter Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-17-04 07:14 AM
Response to Original message
15. Still, the best way to go with this is the FBI.... crossing state lines
while a fugitive is an easy arrest for them, and they WILL do it.
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