I'm a college freshman at Ohio University but I live out of state in South Carolina. I got an open container charge and a fake id charge (was not arrested, just cited) and have a court date may 16th. The issue is that as of today I am on medical leave from the university and am moving back to South Carolina. Can I get this taken care of in South Carolina? Even if I can make the court date, is there any possibility I can do community service and an alcohol diversion program in SC?
You can't transfer your court case out of state. Each state has its own jurisdiction over its own laws. The court's web site may have information about whether you can waive your appearance, or have an attorney appear for you. If your punishment includes community service or a class, it is likely possible to arrange to do the class or community service in your hometown.
Speak to an experienced local criminal defense attorney in the community where you have court. In my experience, courts in college towns are used to the problem of students going home for break, junior year abroad, etc., and usually have a plan for these problems, especially for relatively minor offenses.
You will not be able to transfer the case itself to another state. However, you may be able to complete community service or an alcohol program out of state. You should speak with an attorney who can work with the court or your probation officer to see if that is possible.
Matthew C. Bangerter
1360 West 9th Street, Suite 200
Cleveland, OH 44113
You would need an attorney to negotiate a resolution such as community service, etc. I am not licensed in either Ohio or S. Car. but in Ga. a misdemeanor can be handled by an attorney without the presence of the defendant if all parties agree and the proper paperwork is filled and presented to the judge. You might hire counsel in Ohio to determine if the same can be done.
My answer is general in nature and should not be depended on without more specific information.
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