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If someone were to get a DWI in another state while on vacation, where would they have probation? I mean, would the charges they incurred on vacation be deferred to a court in their hometown or would they have to stand trial and punishment in the state that it happened?

2007-11-19 10:06:33 · 3 answers · asked by No1CowboysFan 1 in Politics & Government Law Enforcement & Police

So an offender would have to switch their place of residence because they got a charge? That wouldn't make much sense for a man to have to quit his job, sell his house, and move his family just so he could go to another state for probation...

2007-11-19 10:14:53 · update #1

3 answers

The criminal charges could not be transferred to another state. The offender would have to stand trial in the jurisdiction where the offense occurred. The only exception would be a juvenile case that occurs in the same state but in a different county from where the juvenile lives. (For a juvenile who commits an offense in the same state, the case can be transferred to his home county.) There aren't any transfers of open cases across state lines.

Until he gets sentenced, he'll have to travel back (on his own expense) to the jurisdiction where he was arrested. If the trial isn't held for six months, the offender will have to travel back to that jurisdiction.

Once convicted, the person would be sentenced to punishment. For a DWI, he'd probably get sentenced to probation. Once on probation, he'd be able to have his probation transferred to his home area, even if it's across state lines, by applying to the Interstate Compact. There are fees involved in transferring the case, and the person has to apply, but it should be approved with no hassles.

The local probation office, where the offense occurred, would send the case to the location where the offender lives, sending the case through to the Interstate Compact. The receiving state, where the offender lives, would have to accept the transfer since the offender lives in the receiving state.

2007-11-19 12:28:37 · answer #1 · answered by Mama Pastafarian 7 · 0 0

All legal proceedings would occur in the state and jurisdiction in which the crime was committed. The place of residence of the suspect has no bearing on anything in that situation.

EDIT-

No, the probation would still be through the state where the crime was committed, but moving there would almost certainly not be a requirement. In all likelihood, it would be an "unsupervised" probation, where there was no requirement to meet with a Probation Officer, etc.

2007-11-19 10:12:38 · answer #2 · answered by Citicop 7 · 3 0

i don't understand for specific,, regardless of the shown fact that it does no longer harm to ask. i do no longer think of it in all probability, regardless of the shown fact that, as you will possibly could get Missouri to Cooperate with Virginia, and get a Virginia parole officer to cooperate. States prefer to guard their turf, extraordinarily in criminal concerns. Plus Missouri probable might prefer to maintain a distinctive watch on your buddy for the period of probation, as that state is on the whole answerable for containing him accountable. i might tell your buddy to devise on staying in Missouri for a protracted on a similar time as, till he has effectively carried out his probation. of direction, if there are extenuating circumstances and the courtroom is keen, it won't harm to ask.

2016-11-12 03:21:54 · answer #3 · answered by ? 4 · 0 0

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