Question:

Got Citation in NY, Live in MASS. ?

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Hi,

I went to New York for the weekend. Got a Failure to Comply citation by Parks police. they said it was a misdemeanor. I feel that i am not guilty and cant really show up to court in new york.

if i dont go to court a warrant will be filed and will that transfer over to Mass.

So what i am asking is can i be arrested in another state for this bs citation.

Thanks

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4 ANSWERS


  1. This doesn't sound likke a traffic violation, rather a criminal type violation.  

    They will not extradite you from Mass to NY for a misdemeanor, but once they issue the warrant that will be hanging over your head for a long time (years).  


  2. You will not be arrested for the citation, however Mass has the authority to arrest you for the warrant.  

    This is a fundamental problem that people have - they think the warrant is just part of the underlying case.  It's independent.  People get summonses and then don't appear, until the warrant squad decides to get some overtime and show up at your door at 2am.  In theory, your failure to appear can be the basis for a new crime called "bail jumping" - in your case it's a misdemeanor (don't be fooled by the name, it applies whether or not you were released on bail).

    Practically speaking, the likelihood of your being tagged by a warrant is minimal since you were not likely fingerprinted for the offense, so any future arrest may not link you to the old one.  Even if it did, NY would still have to decide whether they wanted to extradite you (not bloody likely on these facts).

    How you feel about the case isn't really relevant unless you appear.  Massachusetts isn't that far away.  (I'm from NY and just did a car trip from Boston.)  It;s a bit out of the way for a summons, but then again if you are going to visit another state, it's only fair that you comply with its rules and processes.

  3. If a warrant is issued, it is unlikely they will extradite from another state. However, they may suspend your drivers license for failure to pay. If they notify your state, the suspension could carry over. You would need to check with the DMV to see if an out of state suspension would be recognized.

    You can not have the case transfered. There is a legal term called "venue". This requires the case be heard in the same jurisdiction where you were charged.

  4. How you feel about yourinnocencee or guilt means nothing to the court.  A warrant will be issued for failure to appear, however it will probably not be extraditable, However I have seen fully extraditable warrants for bounced checks.  Then again they may suspend your license for non-payment or place restriction on it as non-renewal of registration, etc.  If the warrant is issued, everytime you are pulled over or stopped and your ID is ran you could be arrested and detained until they confirm the warrant and if you will or will not be extradited.  So instead of being lazy go take care of it.  It is really not that difficult and it'll show responsibility to the court and your charges may be dropped or the fine dropped.  See how simple things can be if you follow the rules???

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