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out of state arrest

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Don_keebals

Junior Member
What is the name of your state (only U.S. law)? Florida, but arrested in Michigan. I traveled up to michigan earlier this year to go on a turkey hunt with a buddy of mine. While I was here, I was arrested and charged with a couple of different offenses. I served 4 days in jail before bailing myself out. As a condition of my bond, I'm not allowed to leave the state and, according to my lawyer, I'm facing a year of probation and probably jail time. Being a resident of Florida, I have a job, wife, kids, and a home in the sunshine state. The past few months, I've been living in a hotel room here in MI (cooperating with the conditions of my bond) awaiting my court dates. I'm wondering... Do I have ANY rights being from another state? If I'm sentenced to a year probation and jail time, will I have to move my family up here and find another job (practically impossible)? Do they really expect me to stay here in Michigan until this is all resolved? I don't understand how a court system could do this to someone. If I'm required to stay here to serve my sentence, it will be the equivalent of setting me up for failure (with no job, and no place to live). Being a non-resident to the state, I must have some kind of rights for transfer, right? I don't see the humanity in locking someone to a specific state if they were arrested there... Thank you for any help, I truly appreciate it!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Florida, but arrested in Michigan. I traveled up to michigan earlier this year to go on a turkey hunt with a buddy of mine. While I was here, I was arrested and charged with a couple of different offenses. I served 4 days in jail before bailing myself out. As a condition of my bond, I'm not allowed to leave the state and, according to my lawyer, I'm facing a year of probation and probably jail time. Being a resident of Florida, I have a job, wife, kids, and a home in the sunshine state. The past few months, I've been living in a hotel room here in MI (cooperating with the conditions of my bond) awaiting my court dates. I'm wondering... Do I have ANY rights being from another state? If I'm sentenced to a year probation and jail time, will I have to move my family up here and find another job (practically impossible)? Do they really expect me to stay here in Michigan until this is all resolved? I don't understand how a court system could do this to someone. If I'm required to stay here to serve my sentence, it will be the equivalent of setting me up for failure (with no job, and no place to live). Being a non-resident to the state, I must have some kind of rights for transfer, right? I don't see the humanity in locking someone to a specific state if they were arrested there... Thank you for any help, I truly appreciate it!
What are the "couple of different offenses" you were charged with?
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? Florida, but arrested in Michigan. I traveled up to michigan earlier this year to go on a turkey hunt with a buddy of mine. While I was here, I was arrested and charged with a couple of different offenses. I served 4 days in jail before bailing myself out. As a condition of my bond, I'm not allowed to leave the state and, according to my lawyer, I'm facing a year of probation and probably jail time. Being a resident of Florida, I have a job, wife, kids, and a home in the sunshine state. The past few months, I've been living in a hotel room here in MI (cooperating with the conditions of my bond) awaiting my court dates. I'm wondering... Do I have ANY rights being from another state? If I'm sentenced to a year probation and jail time, will I have to move my family up here and find another job (practically impossible)? Do they really expect me to stay here in Michigan until this is all resolved? I don't understand how a court system could do this to someone. If I'm required to stay here to serve my sentence, it will be the equivalent of setting me up for failure (with no job, and no place to live). Being a non-resident to the state, I must have some kind of rights for transfer, right? I don't see the humanity in locking someone to a specific state if they were arrested there... Thank you for any help, I truly appreciate it!
What were the offenses you were charged with?
 
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Don_keebals

Junior Member
Possession of a controlled substance. Not sure if it really matters, considering the main question was whether or not there is rights for an individual arrested in another state....
 

Just Blue

Senior Member
Possession of a controlled substance. Not sure if it really matters, considering the main question was whether or not there is rights for an individual arrested in another state....
Based on what you have shared...Yes they have the right to keep you in their state till you are convicted. :rolleyes:
 

Don_keebals

Junior Member
I understand that, with the conditions of my bond requiring me to not leave the state. But what about after I'm convicted? Regarding my sentence, will I be required to serve it here in MI? I know that I can request a transfer (which can always be denied), there's no rights for an individual to get their sentence transfered? I appreciate everyone's help on this, I really do.
 

Just Blue

Senior Member
I understand that, with the conditions of my bond requiring me to not leave the state. But what about after I'm convicted? Regarding my sentence, will I be required to serve it here in MI? I know that I can request a transfer (which can always be denied), there's no rights for an individual to get their sentence transfered? I appreciate everyone's help on this, I really do.
Depends. Who knows as you will not give the information to assist you. Perhaps you should as your attorney. :)
 

Don_keebals

Junior Member
Wow.... Okay, I thought this was an advice forum, but I guess I was mistaken. You guys asked me what the charge was and I told you. Somehow I "haven't given enough information"? Ask away, I'll tell you anything you feel you need to know give advice.
 

Ohiogal

Queen Bee
Wow.... Okay, I thought this was an advice forum, but I guess I was mistaken. You guys asked me what the charge was and I told you. Somehow I "haven't given enough information"? Ask away, I'll tell you anything you feel you need to know give advice.
If you are sentenced to probation it is possible to have that transferred to Florida. The probability is unknown however. If you are incarcerated, you will serve that time in Michigan.
 

Just Blue

Senior Member
Wow.... Okay, I thought this was an advice forum, but I guess I was mistaken. You guys asked me what the charge was and I told you. Somehow I "haven't given enough information"? Ask away, I'll tell you anything you feel you need to know give advice.
What is the EXACT charge? That would help. There is a BIG difference between an ounce of pot and a pound of coke. ;)
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Florida, but arrested in Michigan.

... according to my lawyer, I'm facing a year of probation and probably jail time. ...
All of your questions are really good ones to ask your lawyer, Don.

Your lawyer knows what you were charged with and what you are likely facing.

Your lawyer probably knows the prosecuting attorney well enough to know if your felony possession charge can be reduced. You did not say what your other charge or charges are.

Your lawyer also probably knows the judge well enough to know if you will be allowed to return to Florida to complete your probation.

This is all assuming the case against you is strong and your attorney does not believe any or all of the charges against you can be dismissed.
 

Don_keebals

Junior Member
Thank you Ohiogal for your direct response without taking a stab at my intelligence. I appreciate it, truly. I'm wondering if the fact that I'm from another state doesn't give me SOME rights to the sentence being transferred? Basically, if someone from out of state commits a crime in their state, they can serve them with probation and require them to stay in that state? Essentially locking them away from their ability to produce an income (to pay fines, etc...) and survive? It seems so inhumane to me that such things would be possible in America. Then again, I've never been arrested or in any kind of trouble before this (hence the reason I'm referring to an online forum for advice) which is somehow backfiring in my face. Believe me, I understand that I'm the one who is at fault, and commited the crime. I'm not claiming to be innocent or the victim of a police officers mistake. Im taking full responsibility for the actions I've done. If any of you have children or a spouse, you should relate to the feeling of being kept away from them, and furthermore, the feeling of not being able to provide for them. Like I said before, I know I can request a transfer of probation (which is what I intend to do) but there isn't any rights for an individual who is arrested out of their state of residence? (entirely an example) but what if I was on vacation in Las Vegas and got arrested for something there, I would have to live there until I completed my sentence? It just doesn't make sense to me. Although I'm learning that the majority of our legal system here in this "wonderful" country of ours, doesn't make any sense whatsoever. Again, thank you for any help you can provide. I truly appreciate it.
 

Ohiogal

Queen Bee
Thank you Ohiogal for your direct response without taking a stab at my intelligence. I appreciate it, truly. I'm wondering if the fact that I'm from another state doesn't give me SOME rights to the sentence being transferred? Basically, if someone from out of state commits a crime in their state, they can serve them with probation and require them to stay in that state? Essentially locking them away from their ability to produce an income (to pay fines, etc...) and survive? It seems so inhumane to me that such things would be possible in America. Then again, I've never been arrested or in any kind of trouble before this (hence the reason I'm referring to an online forum for advice) which is somehow backfiring in my face. Believe me, I understand that I'm the one who is at fault, and commited the crime. I'm not claiming to be innocent or the victim of a police officers mistake. Im taking full responsibility for the actions I've done. If any of you have children or a spouse, you should relate to the feeling of being kept away from them, and furthermore, the feeling of not being able to provide for them. Like I said before, I know I can request a transfer of probation (which is what I intend to do) but there isn't any rights for an individual who is arrested out of their state of residence? (entirely an example) but what if I was on vacation in Las Vegas and got arrested for something there, I would have to live there until I completed my sentence? It just doesn't make sense to me. Although I'm learning that the majority of our legal system here in this "wonderful" country of ours, doesn't make any sense whatsoever. Again, thank you for any help you can provide. I truly appreciate it.
No. You have NO RIGHT to demand to have it transferred. If you wanted to serve time in your state, then you should have committed the crime in your state. You don't seem to comprehend that your issue was caused by you. The consequences are going to be up to the state in which you committed the crime and the state that sentences you. NOT the state you choose. You made the decision to COMMIT the crime. You don't get to whine how unfair it is that you may have to serve the time in the state in which the crime was committed. If you wanted to have full freedom and not have your ability to produce an income impeded, quite frankly you should have obeyed all laws. Yeah if you are vacation in LV it is possible that you would have to complete your sentence there.
 

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