Ouf of State Criminal Charge

A: Upon being arrested for a felony, a defendant will have to appear at a bail hearing.  Since you were arrested in North Carolina, which is not your home state, the judge will not likely release you since you lack a connection to the state.  The court will impose bail in order to ensure that you will return for the legal proceedings.  Out-of-state defendants are generally required to post bail, which is refunded upon their appearance in court.  Their failure to do so results in an arrest and leads to their being placed in custody.  As concerning the property that was seized, it is the court with jurisdiction over your felony that has the inherent power over it.  Courts have held that upon the institution of a criminal prosecution, the court that is handling the case has jurisdiction over the property.  It decides all questions regarding ownership, and this authority to determine whether to retain or return the property to the defendant extends beyond the conclusion of the case. 

Source: Pondella Hall for Hire, Inc. v. St. Cloud, 837 So.2d 510 (Fla. App., 2003)

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