I have been convicted of a 4th offense OWI in five years, a felony. I have been sentenced to jail time as well as probation and have been given a small window to begin my jail time. The county I live in does not do EMP for jail cases, and my boyfriend and I are in the process of moving to a county that will allow me to do this in lieu of jail time. My attorney has already spoken to the jail in that county and they said that I will be eligible to do so. My boyfriend and I have been looking at apartments and have found one, however we must wait until we get paid next week to get it. I have a very short window left until I am to begin my jail sentence here and I do not think they will transfer me once I go. If I file an appeal for the time being, will it put my sentence on hold for now?
Filing a notice of intent to pursue postconviction relief in a felony case does not automatically stay the imposition of a jail sentence. You must file a motion for relief pending the postconviction/appeal process. Whether to release you is within the discretion of the judge. The court will take into account the likelihood that you would flee or commit a new crime and, most importantly in your case, the likelihood of success on appeal.
This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.
Native American Law Attorney
Filing an appeal does not automatically stay your sentence. The stay is discretionary. You are at the mercy of the HUBER program and the county sheriff. You must get consent from jail in the county you are seeking to transfer to. You have to report to your initial county of confinement and then put in a request to transfer. This often depends on if the facility has capacity. Good luck.
This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further no attorney client relationship is or has been formed by answering this question.