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legalgems
legalgems, Lawyer
Category: Legal
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Can I file a police report of misdemeanor assault that took

Customer Question

Can I file a police report of misdemeanor assault that took place in another state? Both parties have recently moved out of state.
Submitted: 5 months ago.
Category: Legal
Expert:  legalgems replied 5 months ago.

What state did the misdemeanor assault occur in? Are both parties in the same state now?

Customer: replied 5 months ago.
It happened in NM and we have both moved to Texas.
Expert:  legalgems replied 5 months ago.

Thank you for your patience as I reviewed this;

so the state where the crime occurred is the state with jurisdiction; the victim can contact the police department and file a report over the phone (some precincts have online forms). The police will then investigate; if they feel they have adequate information to find a crime has occurred the prosecutor will file charges; this can result in an arrest warrant. Under the laws of comity, and Federal Criminal statutes the states can enforce another state's arrest warrant. From a practical perspective it will come down to the seriousness of the crime and the resources of each state - whether the issuing state wishes to pursue extradition; and whether the new state has the resources to extradite. All but 2 states (Missouri, SC) have adopted the Uniform Criminal Extradition Act which allows the arrest of fugitives in a state accused of a crime in another state for which the penalty is at least one year in jail.

If it is a crime of harassment/domestic violence issues, one can seek a restraining order in the new state, but cite prior incidents to support the protective order, regardless of where the underlying action occurred.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 5 months ago.

checking in on the above;

thank you for using Just Answer!