Q for the American's among us.

[Butch]

Hi 

I find American Law pretty interesting, and I've asked before the difference between a felony and misdemeanour which you chaps took the time to explain clearly and concisely.

So, here's another US law Question that I'm struggling with.

Are there any states where a felony in one is a classed as a misdemeanor in another? - or is all US Law strictly concise in that area?.  I've googled it and it says "yes" but is non specific, which leads to my next question:

If I'm guilty of a felony in State "A" but it's a misdemeanour in State "B" and there's a warrant out for my arrest, I'm then picked up in State "B" for an unrelated issue (say, jaywalking),  am I then also arrested and charged with misdemeanour or felony relating to State "A"?. (as my offence in "A" was a felony but I'm actually in "B" where it's classed as misdemeanour).

bloody confusing but really interesting at the same time.

 

Edited October 7, 2025 by Butch

[Mr. Smooth]

As best as I can interpret it, the state where you committed a felony has jurisdiction over you, and if taken into custody in a different state for an unrelated issue, as you mention, the original state where that felony was committed, which you can now be classified as a fugitive from, can request extradition from the state that you are now in, to face a trial or serve your sentence.

I'm sure there is some wiggle room in there with lawyer wrangling about what is and isn't legal, but overall, I think that's the gist of it.

Maybe other Yanks could chime in if interested.

 

[Deckard]

First, understand there are Federal crimes, both felony and misdemeanor, which universally apply in the U.S.

Then there are State laws which often classify misdemeanors and felonies differently in different states. For instance shoplifting. In one state the threshold between misdemeanor and felony might be $1,000, while in another state, $2,000.

If you’re wanted for a crime in one state, but present in a different state, the crime state must have you extradited, ie a legal procedure for one state to ask another to deliver the accused to the state where the alleged crime was committed. For a felony, the state where the alleged crime was committed would have to indict the person, usually through a grand jury before making the extradition request, as the state receiving that request will look to see that the request is legitimate. They may also refuse, if there is a more significant criminal accusation in the state where the person is present.

But states don’t always communicate well. If you’re arrested for a petty offense in one state, they may not take the time to query other states databases. Similarly a state may not go through the hassle of an extradition if the warrant is for a petty crime.

For instance, if you’re arrested for smoking weed on the street, a misdemeanor, in one state and you skip your court date, and then move to another state, the arresting state is probably not going to have you extradited.

IANAL, so don’t rely on this explanation.

[redwood13]

Article IV of the US Constitution

Section 2 - Extradition Clause: Requires a state to surrender a person charged with a crime to the state where the crime was committed, upon demand by that state's executive authority.

So it seems that if State A wants you back, State B has to comply with the extradition request.

In many cases it just isn't worth the time and money to exercise an extradition request.  Some warrants are issued with a tag of "no extradition".

[Butch]

Bloody hell fellas, no wonder your Lawyers get paid so much money!!.

It's a minefield by the sounds of it, also probably a headache for Law enforcement as well.

Thanks for the replies chaps, most interesting.