Can my daughter have her case and post sentencing requirements transferred out of state so she can be with family?

My daughter served 90 days on a DUI and later a narcotics charge which will be expunged if she attends classes for 1 yr. Phoenix has a way of setting up people to fail. Can she get the court’s permission to have her case transferred out here to Mass where she would live with me and not her abusive ‘boyfriend’, with an Aunt who is, also, in the medical field and could help her get the care she needs? They have hit her with fines and expenses of over $10K. She’ll never climb out of that hole without help.

Asked on May 30, 2009 under Criminal Law, Massachusetts

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most states have something called pre-trial diversionary programs for different types of offenses.  Although I do not practice in Arizona, it sounds like your daughter is currently participating in something referred to in Connecticut as the "Pre-Trial Drug Education Program."  This program involves going to drug education classes for approximately one year in exchange for a dismissal upon the completion of the program.  To answer your question, although each program is state-specific, in Connecticut it is usually possible to complete the Pre-Trial Drug Education Program out of state, as long as the the office of the bail commissioner (who is responsible for administering these programs) determines that the sister state's program is comparable to Connecticut's, and the prosecutor consents and the Judge approves it.  What this means for your daughter in practical terms is that she will probably need to hire an attorney to 1) determine the comparable program in Mass., and 2) to have her case returned to the docket in AZ in the near future in order to gain the consent of the prosecutor and have the Judge order the program's completion in Mass.   If the attorney is successful the case will remain in Arizona, but for all practical purposes she will be able to complete the Court's requirements while living in Mass.  Finally, although you mention some "post-sentencing requirements", presumably with respect to her DUI charge, you are not specific enough about them for me to determine how they might impact her attempting to move to Mass. at this time.


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