QUESTION
Can I be charged with a crime in a city/county I did not enter?
Asked on Aug 26th, 2013 on Criminal Law - Illinois
More details to this question:
Arrested during a bus trip in a county for an old traffic violation. Bags searched. Suspicious package found. Officers refuse to open upon request citing they have no search warrant and cannot open it since I denied ownership. Paid citation and was released. Returned to my home city/state. Phone police department where arrested to get luggage that was kept. City officers in arresting city stated DEA officers in neighboring city have bags. I asked why & was given contact info. Contacted DEA. Suprisingly got officer who arrested me. Asked why they had my bags. Shortly afterward was arrested in home state with drug charges for a county I was not arrested. I was also detained in my home state for 17 days without a charge. Transferred to charing State -- 21 days no charge. Can I be charged with a crime of drug delivery w/intent to sell in a area I never entered - territorial jurisdiction --not venue? Can I be detained 21 days with no charge?
1 ANSWER
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The first issue here is whether you can be charged with a crime without entering the city/county. The general answer is yes. For example, if you were in California and you shipped cocaine to somebody in Illinois, you can be charged with delivery because you caused to be delivered to Illinois an illegal package.
The second question is how long can you be detained - the answer depends on what basis you are being detained. For example, if you are being held for extradition you can be detained for over 30 days.
Answered on Sep 20th, 2013 at 12:59 PM