If I accept a plea bargain for my 2nd DUI (48 hrs jail time and 14 days house arrest) can I have it transferred to FL or TX?

Asked over 1 year ago - Pensacola, FL

The DUI was in Wichita, KS - I work in Houston, TX but my home is in Pensacola, FL. I'd like to move the house arrest to either TX so I do not loose my job or either my hometown - so that my expenses will be minimal due to lack of work.

Attorney answers (3)

  1. Richard Timothy Jones

    Contributor Level 17

    6

    Lawyers agree

    Answered . You really need to contact a Kansas attorney. It's up to the sentencing court to determine where you serve the conditions of your sentence. If your home is in Florida and its true house arrest you could probably do that where your home is. The jail time would probably have to be done in Kansas.
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  2. William A. Jones Jr.

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . This question, at least in the first instance, needs to be addressed to KS counsel. If you have counsel there representing you on the DUI then that is where the answer to your question should come from. If you don't have counsel in KS, you need to be in contact with a lawyer in that jurisdiction to assist you.

  3. Richard Stefan Lurye

    Pro

    Contributor Level 12

    3

    Lawyers agree

    Answered . I am licensed to practice criminal law in Maryland and New York. However, you may find the following general information helpful. You will need the consent both of the sentencing court and the consent of the probation agency which would supervise your probation in another state. It will do you no good if the sentencing court says yes but the proposed supervising agency says no. Therefore, you need to talk to attorneys in both the sentencing jurisdiction (Wichita, KS) and the proposed receiving jurisdictions (Houston and Pensacola). You will find that while house arrest is a generic term, the specific private home detention programs that actually provide the service are licensed to do so by meeting standards set by the licensing state. This will lead to differences in how programs are administered from state to state. For example, not every program can offer home detention that allows you to leave the house to work outside of traditional business hours. So, you will need to talk to the attorneys in both jurisdictions to determine whether house arrest requirements in Wichita can actually be met in Houston or Pensacola. You are basically asking to transfer your probation from one state to another. In order to persuade the Wichita Court to allow you to serve a home detention program in, for example, Houston, you may have to show that the Houston program requirements are either identical or substantially similar to the requirements and standards that Wichita requires. Alternatively, your Wichita attorney would have to persuade the Wichita Court to agree to, essentially, a non equivalent program in Houston. Please note that this answer is not legal advice, which you can only get by entering into an agreement with a lawyer. I wish you well.

    This is not legal advice it is general information intended to guide you to speak directly with a lawyer who is... more

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