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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?

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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.



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


Not any of the ADA's that I know.


It's possible, but most likely not.


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

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