If a person has a warrant out for their arrest in one state for a battery crime, and is in another state at the time where he gets arrested for a new battery crime, where does he go to trial?
Answer
He goes to trial on charges in state A where he committed the battery in state A. He goes to trial in state B on the battery that was committed in state B.
What will happen is that if you are in jail and arrested and charged in state B first, state A will lodge a detainer against you. Eventually you will be extradited back to state A for trial on the state A charges.
This all assumes that you are not out on bond. If you are, then whichever state charges come to trial first is where you will be tried. If convicted and sentenced, again, the other state will lodge a detainer against you. Or they may bring you over for trial and, if you are convicted, sentence you.
They can make the sentence concurrent or consecutive and it again depends on the facts. If they are consecutive, you will finish serving the time on the charges for which you were first convicted and then serve the time on the second charge for which you were convicted. If they are concurrent, you will serve time in only one state and be given credit for it in the other.
You will need criminal attorneys in both states.
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