Does An Out Of State DUI Defendant Have To Provide Community Service In California?
We can almost always arrange for community service to be done in your home state. Probation is something that is included in almost every DUI case and is usually unsupervised for a first offense. You do not need to be seeing a probation officer; you just stay out of trouble and obey the law. If you do get into trouble, you want to hope that the county you’re on probation in does not see that you’ve gotten a violation.
Sometimes, if there is jail time involved, it can be served in the home state or transferred to electronic monitoring. I had a client who lived in Michigan who was convicted for a third DUI, and that client never had to come to California. They were able to use an electronic monitor and it was monitored by an out-of-state agency. There is also a new code section in California that says someone who is a primary caregiver who has a DUI can do a diversion instead of getting a DUI conviction. This means doing some community service or counseling and not getting a DUI on their record. This is something that an experienced attorney can help them with.
All misdemeanors are eligible and all felonies, except under certain categories. The crime for which the person is seeking a diversion must not have been committed against the person for whom the accused is the primary caregiver. Also, the court has to be satisfied that the accused does not pose an unreasonable risk of danger to public safety, if allowed to remain in the community. After successfully completing a diversion program, the case can be dismissed.
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