Criminal Law Questions? Ask a Criminal Lawyer.
My name is ***** ***** I would be happy to provide general information regarding your question.
Jurisdiction is a procedural element of any offense of a crime (which is the opposite of a substantive element of an offense, i.e., using a gun during an armed robbery). Courts generally do assume that since a matter is in the geographical realm of the court room, that jurisdiction exists (that assumption still must be shown or proven, but Courts do not pay much attention to it as they do with substantive elements).
However, if it is determined that jurisdiction does not exist, the Defendant in a case must, at the first possible opportunity, object and file a Motion to Dismiss the charges based on a lack of jurisdiction (this can be before trial or even during trial if there was no other way to know that jurisdiction did not exist prior to trial commencing). So there is no clear "moment" when the appropriate action be taken because it depends on 1) when does the defendant know that jurisdiction does not exist and 2) does the defendant take "appropriate action" as soon as he knows jurisdiction does not exist.
Any questions based on this?
If you have no other questions, please remember to click ACCEPT and rate the assistance provided as that is the only way experts here can be credited for taking the time to provide information to individuals.