Can I choose to serve jail time in my home state for a DUI or do i have to go back the state in which I was cited to serve and clear my license?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I choose to serve jail time in my home state for a DUI or do i have to go back the state in which I was cited to serve and clear my license?

Asked on March 18, 2014 under Criminal Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Typically, in a situation such as this, you would have to go back to the state in which you were convicted to serve your time. That having been said, an experienced criminal law attorney may be able assist in getting both the state in which you were convicted, as well as your home state, to agree to a transfer so that you can to serve your time there; it will all depend on your specific circumstances (e.g. if you had an illness which requires you to continue treatment in your area, etc). At this point, you should consult with legal counsel.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unfortunately for you, you will have to take take of the jail time that you have to do in the state where you were arrested and convicted under the laws of all states in this country. Your state has no jurisdiction over you for the offense from the other state for jail time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption