FAQ CATEGORY - UNDERSTANDING MY FEDERAL CASE - OUT OF DISTRICT CASES
I was arrested in the Central District of California, but my case originates in Ohio. How will I get to Ohio?

If you are in custody, it is the Marshal’s duty to transfer you to the originating jurisdiction.  If you are out on bond, you must travel to the originating jurisdiction yourself.  However, there is a statute -- 18 U.S.C. § 4285 -- which the magistrate judge can use to order the marshal to pay for your transportation.  You should discuss this with your Deputy Federal Public Defender.

Can I get my out-of-district case transferred to the central district of California?

An out-of-district case can be transferred to this district under Rule 20 of the Federal Rules of Criminal Procedure, but only if (1) you want to plead guilty and (2) both the United States Attorney’s office in this district and the United States Attorney’s office in the district in which you are charged agree to the transfer.  If you want to fight the case or either United States Attorney’s office is unwilling to agree, the case generally cannot be transferred to this district.  And the case can be transferred under this rule only so long as you are present in this district, either while you are here in custody before you are sent back to the other district or while you are residing here while out of custody.

Another rule which allows transfer, but is applied only very rarely, is Rule 21 of the Federal Rules of Criminal Procedure.  That rule allows transfer of a case for trial if a judge in the district in which the defendant is charged finds it is more convenient for both parties (including the government) and the witnesses.  It is very rare for this rule to be used to transfer a case, and it can be done only once you return to the charging district and your attorney in that district makes a motion which is granted by the court in that district.