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?
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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 9 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 10 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.
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