What to do if I received a DUI and was sentenced to 30 days home detention but the program was not ready and I moved to another state?

I lost my home and had not finished my counseling classes. I’m told that I will have to do 30 days in prison if I do not come back. Is this true? I’m kind of out of options; I can’t afford to move back right now as I don’t have a place to live to serve 30 days home detention at this point. My new state has a home detention program but is it even possible to finish my sentencing here?

Asked on July 7, 2012 under Criminal Law, Maryland


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You're in somehwhat of a jam, but your best bet is to talk to the court or an officer for the court and see if they can transfer your sentence and supervision.  Some states have agreement where they will extend courtesy supervision for defendants from other states.  However, whether or not this can actually happen in your case will depend on the agreements and attitude of your sentencing state and the new state.  Both have to be on the same page for you to transfer your home detention.  You will have to go back to the court to explain your situation and request a modification in your program.  If you don't go back to make this request, then you could face bigger problems and be considered an absconder. 

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