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Someone said that if a DA finds out you've returned to another state, they will overcharge a misd. to a felony to extradite you

Rego Park, NY |

and then serve the warrant on the local police so that they can arrest you at work.

How can a DA show probable cause to a judge if the facts only support a misdemeanor (i.e., only an injury if that, and not a serious injury required by assault 2).

Is the DA likely to go this route? overcharge, get a warrant, serve the warrant, have the local police pick a suspect up in work?

Attorney Answers 4


Who is the someone who said that?

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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A relative who said he knew someone.who had that happen to him


Not any of the ADA's that I know.

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It's possible, but most likely not.

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The Queens DA's office would have to be pretty bored to do that.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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