QUESTION

How can I transfer my DUI case from one state to another?

Asked on May 22nd, 2012 on Criminal Law - California
More details to this question:
MY son got a dui in arizona and a week or so later he started getting really weird. Hallucinations, delusion, hearing voices and very paranoid oh and incoherent. He was very sick.He lived with his girfirend at the time and she kept saying that she was going to get him help but she did not and he just got worse. It had been about a month or so and I couldn't watch my son get sicker so I drove up there and picked him up.b4 I did that I called the probation officer and he said there was no way of transferrin the case unless he completed 24 AA meetings. He could not even barely walk let alone sit in AA meetings and just get worse with out care.So we took him to a psychitrist and she said he had schizophenia and need to stay in cali to make sure he gets the help he needs.She also gave us a note to give to the probation office. Long story short how can I get this case transfered. this decison i made for my son was a life or death situation please let me know what I can do
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7 ANSWERS
Answered on Jul 01st, 2013 at 10:11 PM
You can not do such a thing.

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Answered on Jun 14th, 2013 at 1:54 AM
Hire an Arizona atty who can go to judge and explain situation. If u want a referral to AZ atty tell me what city.

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Answered on Jun 04th, 2012 at 10:38 AM
An experienced DUI Attorney can probably help you present this additional information to the Arizona Court, and probation office, and have their orders modified so that your son can remain in California and get the treatment he needs.

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Answered on Jun 04th, 2012 at 10:15 AM
I understand your problems and concerns. Unfortunately, there is nothing that can be done in California or by a California attorney. You need to contact an attorney in Arizona or who practices in Arizona. He/she may be able to get a hearing before the judge who sentenced your son and approve a change of venue for probation purposes to California. Have you contacted the attorney who originally represented your son for the DUI. If not, you should and see if he can get the judge to change the terms of probation based on your son's medical problems. Good Luck.

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Answered on Jun 04th, 2012 at 8:24 AM
You were already told by the decision maker what it will take. Probation has control and discretion, and the court will generally almost always uphold by their decision. Despite that warning, the defendant's attorney could file a motion in the sentencing court to seek transfer, but the probation dept in each state has to formally agree to do so. The attorney will know what pleadings, declarations, legal authority, etc. is necessary to TRY for transfer.

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Jeff Fengcheng Yeh
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Answered on Jun 02nd, 2012 at 11:56 AM
Can't. A DUI cannot be transferred from one state to another.

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Answered on Jun 02nd, 2012 at 11:55 AM
I am not sure where you want the case transferred to. It is very difficult but I have been able to transfer it. I actually had to have a client move back to California while the PO did the transfer paperwork and the other state processed it. It probably would necessitate involving supervisorial staff at the probation office in both states and provide proof by way of a letter from his psychiatrist that son has schizophrenia and is gravely disabled, meaning he is unable to provide for his daily needs and activities of daily living.

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