QUESTION

i have pending charges but no warrant, isnt it better to turn myself in now before the warrant comes out? i

Asked on Jan 17th, 2021 on Criminal Law - Florida
More details to this question:
i live in florida i have committed a crime in new jersey. i have not been charged yet but i know they are there. i am guilty of the charges of theft which is a felony. the detective has been waiting for me to come up there to turn myself in instead of issuing a warrant. isnt it better if i go to nj and turn myself in rather than them issuing a warrant and have to be extradited to new jersey?
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DUI Defense Attorney serving Coral Gables, FL at Jonathan Blecher, P.A.
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Before you just fly to New Jersey and surrender, it would be a good idea to have an attorney speak with the detective. That way you can lay the proper groundwork for surrender, if that's what you want to do. It will also give an opportunity to get some information about the evidence that the detective has against you. In reality, surrendering without a warrant makes the detectives job quite a bit easier. It does also save you from lingering in jail waiting for extradition. Again, contact attorney to guide you through this process.
Answered on Jan 18th, 2021 at 2:32 PM

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Criminal Law Attorney serving Bartow, FL
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This question would be better addressed to an attorney in New Jersey.  However, if it were someone in New Jersey asking about turning themselves in to law enforcement in Florida, I would recommend it.  But there may be other considerations of which I am unaware that are unique to New Jersey.  So I cannot address that aspect. There are some things you may want to find out.  Occasionally in Florida, I've been contacted by persons who knew they were going to be charged and attempted to turn themselves in to law enforcement rather than be arrested at some especially inconvenient time or place.  However, law enforcement would not take them into custody until charges were filed.   Also, even if a person believes he/she is guilty of a crime, since that person (usually) is not an attorney, the person may not understand potential legal defenses (both of a factual and technical nature).  Therefore, I believe until a person has consulted with an attorney, it is good for the person to exercise one's right to remain silent.  Such a right can exist even if a person is not in custody and has not received a Miranda warning.  After talking to an attorney in the jurisdiction where the charge was/will be filed, you'll have a better idea of what you do or do not want to say; or whether you want to say anything. Just for your information, a problem that I've had clients encounter if they are out-of-state and are wanted on a Florida charge.  If the person gets arrested out-of-state, that person is not always extradited immediately.  When the person is extradited, it often involves a long trip back to Florida (even if the person is only a state or two away).  Often law enforcement will go to various locations and/or states picking up persons who have charages pending in Florida.  Meanwhile, others who already have been picked up are transported all over while law enforcement picks up others so that they can all be transported back to Florida together.  That means the trip back to Florida may be quite extended.  It also means you may be in tight, confined quarters with others while being transported.   I cannot say where the process in New Jersey is the same.      
Answered on Jan 18th, 2021 at 6:37 AM

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