You’re out on vacation when you’re pulled over by the police for a DUI or DWI stop. Since you aren’t in the state or county that you reside, your first question might be: can you go home? When you aren’t in your normal jurisdiction, this can make things more complicated. Fortunately, it might not be as difficult as you think it will be. This guide will lead you through whether you have to stay in that location or if you can go home.
Going Through Court
When you are charged with a crime, you cannot go through the criminal process in another state or county. You have to go through the process in the jurisdiction that charged you with the crime. Once the trial is over, what happens if you were sentenced to probation? Most people cannot turn their lives upside down and move to a new state or county based on an arrest. Fortunately, you will not be expected to do that.
Completing Probation Elsewhere
You are allowed to complete your probation in another state or county. Once you go through the criminal process, you are able to ask the court to allow you to complete your probation in the place you live. Now once you petition the court to let you serve probation elsewhere, you need to make sure that the state or county that you live in will offer the same probation services that you were sentenced with.
For instance, if you have to take alcohol counseling, have an ankle bracelet or alcohol screening, then those services have to be offered. The majority of jurisdictions offer the same services. However, if you live in a more rural area, then your attorney may have to do some extra legwork to make sure that the area offers those services. If your area does not offer the same services, then you may have to seek other resolutions to accommodate the fact that you are a resident outside the county or state.
If you are charged with a DUI or DWI, you do have to attend court in the place that you were charged. This does not necessarily mean that you have to serve your probation in the state where you were charged. If you live elsewhere, then you can petition the court to serve your probation where you live. If you were charged with a DUI, then you may want to consult with a lawyer, like a criminal lawyer from Rispoli & Borneo, P.C., as soon as possible to discuss your options.