Legal Question in Criminal Law in New York

Leaving the state while in trouble

I am not sure which Law this would go under, but i guessed Criminal Law. I was Just wondering how much trouble someone would get in if any at all if they moved out of state while on drug court (probation) and having to report to a CJC program. If this person is still having court dates set up and has yet to go to trial, what will happen if they miss court and leave? If they go to a different state is does anyone have jurisdiction to come find him/her?

Asked on 6/08/04, 12:16 pm

3 Answers from Attorneys

Scott Ziegler Ziegler, Ziegler & Associates LLP

Re: Leaving the state while in trouble

This is something you should discuss with the lawyer who handled the original court case on behalf of the defendant, as it is not possible to give advice on this without knowing more.

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Answered on 6/08/04, 12:29 pm
Barry Black Law Offices of Barry Black

Re: Leaving the state while in trouble

Treatment Court is usually conducted *during* the pendency of a case, under the guidance and representation of an attorney. It is often part of a "conditional plea," wherein the person pleads guilty to the charge(s) and, upon successful completion of treatment, gets to withdraw the original plea and plead to a reduced charge or have the charges dismissed entirely. As Mr. Zeigler correctly stated, the attorney should be consulted. As a general matter, however, failure to appear in court without special dispensation will result in a warrant issuing and possibly losing the opportunity to withdraw the original plea. There is additional information on this subject at our firm's website,

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Answered on 6/08/04, 1:11 pm
Brenda Mattar Mattar & D'Agostino, LLP

Re: Leaving the state while in trouble

It is never a good idea to leave the State while a criminal matter is pending. The person will face serious penalties, including the loss of any favorable plea bargain, loss of posted bail, ect.

If the person has a legitimate reason and need to move to another State, for a new jobs or family responsibilites, it may be possible to resolve the pending case and transfer the probation or other treatment conditions to the new jusidiction.

For more information, please contact me at (716) 856-4022. Thank you.

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Answered on 6/08/04, 3:48 pm

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