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Man held in New York on out-of-state felony charges

On Behalf of | Aug 29, 2016 | Felonies |

After committing a crime, some perpetrators become fugitives and end up hiding in another state. Of course, it is a defense attorney’s duty to assure that the police have the right person and have not made a mistake. If the suspect is arrested in New York on alleged felony charges filed in another state, certain protocol will kick in that will attempt to pay some deference to the state where the suspect was apprehended.

In the final analysis, however, the main motivating force in such cases is the pressure applied by the state where the crime occurred to expedite the extradition of the suspect back to the originating state. That process was initiated recently in the Bronx when a man was picked up on shooting charges emanating from a neighboring state. Such interstate fugitive matters are usually handled by the United States Marshal’s Service.

Even though the charges here involve an arrest warrant from Pennsylvania alleging attempted homicide and aggravated assault, the matter essentially becomes a federal interstate fugitive problem which brings the federal law enforcement agency into jurisdictional authority. The man was picked up by the U.S. Marshals and deposited in the New York Central Booking unit to be formally arraigned as a fugitive from justice pending extradition proceedings. A spokesman for the Marshal’s Service stated that the service will continue to cooperate in coordinating the apprehension of suspects between local, state, and federal jurisdictions.

In a case like this, extradition is rarely denied. The main charges and offending behavior took place in another state, and even if the suspect is innocent, it is up to the charging state to provide due process rights and determine guilt or innocence on the felony charges. In this case, the man is charged with shooting and seriously injuring another person. The police in that state are alleging that there are witnesses who identified the suspect. Although he is waiting for processing back to the state of origination, obtaining the services of a New York criminal attorney would serve the important function of safeguarding his basic rights at this time.

Source: publicopiniononline.com, “Chambersburg shooting suspect arrested in New York“, Aug. 17, 2016


Law Offices of Joseph J. Tock