I am currently participating in the deferred prosecution process, and have been in compliance for nearly a year now. I have completed the first two phases of treatment, and am entering phase 3, which consists of a 1/2 hour meeting, once per month for 14 months, and a UA.
I have been offered a job opportunity in the UAE, but the treatment centers there are only for nationals of the UAE. There are, however, many psychiatrists and mental health professionals that specialize in chemical dependency and addiction. I am curious if the courts will be flexible in what my completion of treatment looks like, and allow me to meet with a counselor and complete UAs at a hospital to fulfill the requirement? How do I go about asking for this, and is it worth even trying, or will it likely be rejected?
A deferred prosecution has strict requirements in terms of length of time for treatment and number of AA meetings one must go through (both 2 years). So long as the court is comfortable finishing your treatment up abroad (along with the AA meetings), then you can petition the court to allow you to move to the UAE.
Depending on the court, your best bet is to consult with your probation officer to see what they think. If there is no probation department, then you will likely have to bring this up to a judge. That will likely entail you (assuming you are without an attorney) having to contact the court to schedule a court date to make the request.
Having a lawyer help you out on this would make the most sense. In this economy, courts have become more flexible in allowing people to relocate while on probation, especially for employment. With that said, the biggest issue for the court will likely be: "How exactly are they going to monitor you for the mandatory 3 year period following treatment?" Even assuming you could find a treatment agency and a place to do AAs over there, once that is done the court is not going to be able to ensure you comply with the 3 year record check probation requirement when you are in the UAE.
The best thing for you to do is to get an attorney. I think it is an uphill battle to get the court to agree to letting you go to the UAE. Assuming the court will not let you go, then you will have to decide between taking the job, and dealing with the consequences when you get back (potentially 5 more years of probation, restart treatment, and whatever jail time is hanging over your head, etc).
If this is something that you really want to do, you should consult with an attorney in your area to see if there is some way that the program can be modified to allow you to try and get the job in the UAE.
If you have been completely compliant with your program (no violations or missed meetings) you might be in a good position to make a motion to modify your treatment provider. It would be very helpful if you select a counselor who has appropriate credentials (certified chemical dependency counselor) and who will write a letter to the court agreeing to follow the treatment plan and to report your progress to the court every month.
Have a respected attorney represent you and get probation on your side-- you can ask Annamae or one of the other probation officers to speak to the judge on your behalf. You might also ask your current treatment provider to come to court when you have your hearing on modification to speak to the judge in favor of the transfer, and to talk about your current progress and success with sobriety.
This answer is my personal opinion, offered for informational purposes only. It is not a legal opinion, nor is it legal advice, nor does it create an attorney-client relationship with anyone reading it.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline