On The Lam in State of Arizona

[On the lam]

Hello I was arrested on federal reservation land by federal police I was released on own recognizance. The charges became dismissed several days later. Then I received a summons from the county bringing the charges and case to the county court. The prosecutor was my judge in a prior case several years ago. My question is .. How can I get a change of venue back into federal court where it should have been kept. I'm in Arizona

 

[quincy]

Hello I was arrested on federal reservation land by federal police I was released on own recognizance. The charges became dismissed several days later. Then I received a summons from the county bringing the charges and case to the county court. The prosecutor was my judge in a prior case several years ago. My question is .. How can I get a change of venue back into federal court where it should have been kept. I'm in Arizona

Your reason for wanting the change is because the judge hearing your case prosecuted you in a prior case?

Why is the title of your thread “On the lam?”

 

[Zigner]

Hello I was arrested on federal reservation land by federal police I was released on own recognizance. The charges became dismissed several days later. Then I received a summons from the county bringing the charges and case to the county court. The prosecutor was my judge in a prior case several years ago. My question is .. How can I get a change of venue back into federal court where it should have been kept. I'm in Arizona

Why do you believe that a state/county court can't also have jurisdiction?

 

[adjusterjack]

How can I get a change of venue back into federal court

Maybe you hire a criminal defense attorney.

 

[zddoodah]

No.

 

[quincy]

No.

The question is a “how” question. “No” is not a very good answer.

 

[ALawyer]

You've got a problem -- any prosecutor with jurisdiction can bring charges for an alleged offense committed within his or her jurisdiction.

It's not uncommon for state, county and/or federal prosecutors to work out a process or protocol for who prosecutes what offenses, or who handles what defendants. Sometimes it's based on case loads, other times it's based on the potential sentence and enhancements available, or the type of evidence or degree of proof required. Sometimes it's based on a personal grievance a particular prosecutor has. That said the defendant has very little (if any) say in the matter, and without a really good or well connected defense lawyer, zero bargaining ability.

 

[zddoodah]

any prosecutor with jurisdiction can bring charges for an alleged offense committed within his or her jurisdiction.

I don't disagree, but the OP didn't tell us what the alleged crime is or where it was committed. All we know is that he/she was initially "arrested on federal reservation land by federal police." The OP wrote that "[t]he charges became dismissed several days later," but I'm skeptical that charges were ever filed on the federal or tribal level. We now know that charges have been brought on the state or local level, but again, we don't know what the alleged crime is or where it occurred. A state or county prosecutor has no jurisdiction to prosecute alleged federal crimes. Nor would a state or county prosecutor have jurisdiction to prosecute alleged crimes that occurred "on federal reservation land."

Frankly, I think OP ought to heed "adjusterjack's" suggestion that he/she hire an attorney and shouldn't post anything more in a public forum, but I'd be interested to know more about the situation.

 

[quincy]

I don't disagree, but the OP didn't tell us what the alleged crime is or where it was committed. All we know is that he/she was initially "arrested on federal reservation land by federal police." The OP wrote that "[t]he charges became dismissed several days later," but I'm skeptical that charges were ever filed on the federal or tribal level. We now know that charges have been brought on the state or local level, but again, we don't know what the alleged crime is or where it occurred. A state or county prosecutor has no jurisdiction to prosecute alleged federal crimes. Nor would a state or county prosecutor have jurisdiction to prosecute alleged crimes that occurred "on federal reservation land."

Frankly, I think OP ought to heed "adjusterjack's" suggestion that he/she hire an attorney and shouldn't post anything more in a public forum, but I'd be interested to know more about the situation.

Because of the placement of the thread in the Drunk Driving/DUI/DWI section of the forum, the chances are pretty good the offense charged was drug or alcohol related.

 

[HighwayMan]

Because of the placement of the thread in the Drunk Driving/DUI/DWI section of the forum, the chances are pretty good the offense charged was drug or alcohol related.

After dealing with the public for 21 years I can say there is a significant chance that's not the case!

 

[quincy]

After dealing with the public for 21 years I can say there is a significant chance that's not the case!

After dealing with posters to this forum for 15 years, you actually make a good point. Haha.

It’s nice to see you again, Highwayman! You’ve been missed.

 

[HighwayMan]

After dealing with posters to this forum for 15 years, you actually make a good point. Haha.

It’s nice to see you again, Highwayman! You’ve been missed.

Aw, thanks. It was kind of dead around here so I had gotten into the habit of not visiting much and then just stopped. I was reminded by my still-open browser tab so I decided to have a look. I think my extended absence is done and I'll be checking things out more in line with the old days.