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Brandon M.
Brandon M., Counselor at Law
Category: Criminal Law
Satisfied Customers: 12326
Experience:  Attorney
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what happens if someone presses charges on you from another

Customer Question

what happens if someone presses charges on you from another state?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Brandon M. replied 5 years ago.
Hello there:

First of all, despite what decades of television and movies have told us, individuals do not get to decide whether to "press charges". What an individual can do is make a report with the police department who then decides whether to make a report to the district attorney's office. Then, if the district attorney's office believes that they can prove guilt beyond a reasonable doubt that a crime has been committed and that justice would be served by prosecution, they file a complaint and the criminal process starts. It does not matter if your cousin went to the police because it is not your cousin's decision whether you will be prosecuted.

Also, a state must have "jurisdiction" in order to prosecute a crime. So, for example, if your cousin makes a report with police in Alabama and you are in Mississippi, the Alabama police cannot take any action against you unless you committed a crime there.

In short, you would have had to commit a crime in the other state and, even if you had, no action will be taken unless there is enough evidence to prove your guilt beyond a reasonable doubt.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
Customer: replied 5 years ago.
i mean im already on probation here in mississippi and with her going to file a report will this show up here in their system? im scared to go an report on thursday! i got the phone service here in ms and i got it in her name i always paid the bill so yes they would have evidence to lock me up im just trying to see what to do? and i received a call from the police dept but he only left a name and number i called back he wasnt available so im getting so sick behind this i dont need fraud charges on me at all. my cousin is mad because they at att charged her credit for 1000.00 because they hadnt received the equipment. i mean im not going to virginia anytime period never been but im asking do i have something to worry about? im scared to report to my p.o on thursday its like shes blackmailing me by doing this because i owe her some cash
Expert:  Brandon M. replied 5 years ago.
Her filing a report will not cause anything to show up in the system in Mississippi. You would actually have to be arrested or prosecuted with a crime in the other state before anything would appear on the system in MS. Even then, it would typically take weeks or months to show up.
Customer: replied 5 years ago.
Relist: Other.
Expert:  Brandon M. replied 5 years ago.
Hello again:

I am glad to provide whatever information is needed to clarify my response, but unfortunately the only thing that your post said is "relist: other"; I am not sure where the perceived deficiency is. How might I improve my answer?
Customer: replied 5 years ago.
i dont understand this and i just want a clear understanding. i did get a home phone here in ms in my cousins name but she filed a report in virginia against me and is filing a report through att because i didnt return the equipment promptly and they charged it to her credit so now she went to the police department to do a reprt against me the officer called today but i missed it my main factor is can they pick me up here in ms? and will this get to my probation officer i have been out of trouble for 5 years now i dont need this extra drama iam going to consult with and attorney but i just need some closure tonite because i cant sleep for thinking about am i going to get arrested. now yes i got the phone service here in ms but she filed the report in virginia is a police report the same as an alfadavit these things i need answered
Expert:  Brandon M. replied 5 years ago.
Neither MS nor VA have the resources to arrest everyone wanted for a crime out of state. On the books, they can arrest you if the District Attorney's Office files charges against you. However, the states only have the resources to go after the people wanted for really bad things--the murderers, robbers and rapists. For simple misdemeanors and non-violent crimes, there will be no arrest out of state unless it is a high-profile case. So there are no resources to go after you. There are literally thousands of outstanding warrants for arrest from Virginia---you would be at the bottom of a very long list.

If you are formally charged, it will show up on a background check and your probation officer will be notified. However, you have not been charged.

A police report is not the same thing as an affidavit.

Let me know if further clarification is needed.
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