Ask Me Help Desk - Transfer probation from PA TO Florida

I got my third dui in a three year period back in march... Did all my time and work release bracelet for first two got sentenced for them at the same time back in October 2008... Now when I got third dui, I went to rehab the next day, got out have been on scram monitoring bracelet since then finished a 90 and 90, obtained a sponor working the steps and completed all of my alcohol drug evaluation and classes.. My sentencing is set for 2 weeks from now, but I want to transfer to Florida my father and family lives there Im 23 years old he bought a major business and wants me apart of this and I'm a main shareholder... What are the chances here of moving

This was my lawyers email to me the day I got out of treatment 5 months ago.. since then I have been doing everything they asked of me and more..

First, let me say I am writing this to you but will also call you. I like to get my thoughts organized on paper and that way, in the event I don't get you immediately, none of this will be forgotten. I saw ADA**** (Head of the DUI unit) on the street and he immediately invited me into his office and so, we had a meeting. There is bad news and there is good news. First, the Blood Alcohol Content (BAC) that was listed in the complaint (more than .08% but less than .10%)f was basically a place holder as was the charge of general impairment. The actual BAC was .206%. This is extremely high. It means that he's not in the first tier with a third offense.Rather, he's in the third tier with a third offense. At the hearing the Commonwealth will move to amend the complaint to reflect the higher BAC and the 3804(c)(3) charge it necessitates (in place of the general impairment3802 charge). It means Anthony is looking at a mandatory one year in prison. That's the bad news. They believe, based on considerable experience, that Anthony's alcohol addiction controls his life. The good news is that they will give Anthony an opportunity to prove them wrong. Here's the deal on the table: If he pleas to the third tier/3804(c)(3), they will drop the escape charge and they will drop the unattended vehicle charge. At the hearing, we ask for, and they will go along with, Anthony going immediately on SCRAM (ankle bracelet) until his next appearance in court. This accomplishes two things: For Anthony- it keeps him temporarily out of jail. For the DA's office- it affords them time to see if treatment and AA is working for Anthony. If Anthony has no further violations, the DA's office will not oppose D.U.I Court the next time Anthony comes into court. D.U.I. Court is the ONLY way Anthony can stay out of jail. So, I highly recommend that this is the avenue to take. I am under the impression that Anthony did his 28 days at Clearbrook and has a completion document. I also recall that****was willing to write a glowing recommendation for him. Those are valuable. However, Anthony needs to be going to AA every day--not once a week-- but every day and be able to prove it. The first thing he will be asked by the judge at the plea (after we waive the hearing and he goes on SCRAM) is: What have you done since the incident? He needs to be able to say a lot and daily AA is the ticket. Also, there is a one-time fee of $175 to get on the SCRAM program and it costs $10 per day. In short, he's looking at a year in prison but they are inclined to give him an opportunity to prove them wrong or to violate. It's up to him. It is appropriate that he's hears this from me in front of you. If you can, you should bring him to my office on Monday or Tuesday afternoon. And we can walk through this..

My sentencing is in 2 weeks I know the judge will not put me in jail but it will be DUI TREATMENT COURT 18 months and I have beeen doing everything I have to do... if I pay all my fines in full can I transfer this to Florida to live my brothers and dad??

Quote:

Originally Posted by antney210

if i pay all my fines in full can i transfer this to florida to live my brothers and dad???

Hello anthony:

Sure you can.. In fact, you might be able to go BEFORE you pay off your fines.. Read this.

Better yet, have your lawyer familiarize himself with the Interstate Compact...

excon

I don't think that will be possible at this point as you still have way too many outstanding irons in the fire. Probation needs to be the "end" of the procedure and you haven't gotten that far yet. Even if you were to get on probation chances are pretty slim you'd be able to transfer out quickly as Florida must approve you before you can just up and leave. And BTW Florida is very tough on DUI's and if you think you got a lot of flack from Penna - wait until you do something like that in Florida and they WILL lock up up as they have very strict DUI laws. You won't get a slap on the wrist from Florida should you decide to go there after you clear up your mess in Penna.

twinkiedooter 5463 Reputation
Uber Member, Dink giving Sonny a piece of her mind. I don't think that will be possible at this point as you still have way too many outstanding irons in the fire. Probation needs to be the "end" of the procedure and you haven't gotten that far yet. Even if you were to get on probation chances are pretty slim you'd be able to transfer out quickly as Florida must approve you before you can just up and leave. And BTW Florida is very tough on DUI's and if you think you got a lot of flack from Penna - wait until you do something like that in Florida and they WILL lock up up as they have very strict DUI laws. You won't get a slap on the wrist from Florida should you decide to go there after you clear up your mess in Penna.

I understand the circumstances, but what can I do to get down there now, I can't change the mistake and trust me if you knew the specifics it would give you a different outlook... I have done EVERYTHING in more getting involved with AA chairing meetings sponsors etc. all documented but between the fines and the bracelet the drug and alcohohol evaluations and meetings it's impossible to get ahead... I have an opportunity at a chance here to get ahead in life.. and not stay crippled by this county with a dead-end job and having no luck with interviews for great jobs because of my backround checks.. I have a chance to make some money, and get a mortgage.. my father is very successful and is willing to help me here. He's worth over 20 millions dollars and said in five years I will become a millionaire if I listen to EVERYTHING he tells me to do.. he's willing to help me and I am willing to do everything I'm doing here down there. My father knows the judge up here personally as does my grandfather who are both well-respected business men from this area.

Hello anthony:

Sure you can.. In fact, you might be able to go BEFORE you pay off your fines.. Read this.

Better yet, have your lawyer familiarize himself with the Interstate Compact...

excon

I checked out the website and everything but what procedures should I take? It doesn't say anything specifaclly about transferring before sentencing or waiting to get sentenced or DUI TREATMENT Court.. I checked out Lee County Florida and it looks like they have a Drug treatment adult program.. what steps should I take now 2 weeks before my hearing please help.

Quote:

Originally Posted by antney210

what steps should I take now 2 weeks before my hearing please help.

Hello again, anthony:

If your attorney is competent, HE'LL be able to figure out HOW to set up the transfer and move the judge to sentence you directly to Florida. THAT'S what lawyers DO. If yours can't, find one who can.

excon

Hello again, anthony:

If your attorney is competent, HE'LL be able to figure out HOW to set up the transfer and move the judge to sentence you directly to Florida. THAT'S what lawyers DO. If yours can't, find one who can.

excon

He is competent but as far as this situation as you can in the previous quote from him.. that's what I'm facing DUI Court.. That substitues the minimum one year.

I would have to get approval from Florida first correct?

""I don't think that will be possible at this point as you still have way too many outstanding irons in the fire. Probation needs to be the "end" of the procedure and you haven't gotten that far yet. Even if you were to get on probation chances are pretty slim you'd be able to transfer out quickly as Florida must approve you before you can just up and leave""

excon why did that guy say that?

Does Interstate Compact really hold a lot of weight.. Is it better to contact one the people there from my specific state Pennsylvania Transfer Office? I see there is a number in Harrisburg the capitol...

Quote:

Originally Posted by antney210

I would have to get approval from Florida first correct?

excon why did that guy say that?

Does Interstate Compact really hold alot of weight...? Is it better to contact one the people there from my specific state Pennsylvania Transfer Office?

Hello again, a:

That guy said that because SHE believes it. There ain't just ONE answer out there. You ask if the Interstate Compact holds weight?? It's the LAW. You don't get weightier than that. Sure, if your lawyer won't do it, you could and SHOULD contact them. Yes, you'll need approval from Florida... There's a lot of bureaucratic stuff to do. If YOU can do it, go ahead.

excon

Excon thank you for your help so far I really do appreciate it...

I have been appearing in front of the Judge for the past 3 months on DI Court and I have not been sentecned yet.. like I said my sentencing is in two weeks and for the past 6 since the incident I have been to 28day treatment, been on alcohol monitoring bracelet, complete a 90 in 90, and attented all meeting and shelled out tons of money so far. With all of that being said.. I don't want to go over the judges head but what would be the best plan of action here.. Every time I talk to my father with a plan of action he says "I'll pay off all your fines and talk to The judge personally and get you down here don't worry.. you will be here in a month" I don't want to set myself up for a dissapointment, DUI Court is hell but having a light at the end of the tunnell being down there making money and able to actually have a plan to get married and a house is an opportunity to salvage my relationship of my girlfriend of 6 years and numerous other things.. I'm willing to do whatever it takes.

So what is your advice.. I sent everything to my dad my court fines costs.. that ^ previous letter from my lawyer and he said he's having his secretary take care of this... what should be my next plan of action? Call his secretary of email her the Interstate Compact website? Have him go ahead with the phone call to the judge? Call my lawyer? Who is going to be taken back by this and will probably want more $ or can I apply myself through the interstate compact.. what is the best plan of action?

Essentially what I am saying is I KNOW that a third DUI in Florida is a felony.. in PA it's a misdeamor So with getting this transferred do I not worry or bring up transferring until after I get sentenced here and I am more than likely put on DUI Court and maybe still on the bracelet.. or get the transfer ball rolling before hand with a plan of action

Twinkiedooter What about this?

Are misdemeanants eligible for transfer under the Interstate Compact?
A misdemeanor offender whose sentence includes one year or more of supervision is eligible for transfer provided the instant offense includes one or more of the following:
An offense in which a person has incurred direct or threatened physical or psychological harm
An offense that involves the use or possession of a firearm
A second or subsequent misdemeanor offense of driving while impaired by drugs or alcohol(My third DUI is a misdemanor) A sexual offense that requires the offender

Excon can you look at this and give me your opinion on what it means please?

http://www.interstatecompact.org/

1) Click on the middle where it says ICAOS RULES
2) it will open up adobe go to page 66 and 67 and tell me how that applys to me PLEASE! I think that's the key.

http://www.interstatecompact.org/LinkClick.aspx?fileticket=bqpt53W3oQ0%3d&tabid=89

PAGE 66 and 67

Is your dad paying for your attorney? If so, then call up and discuss with attorney what the next steps are. If he can't give you a good answer, then by all means hire a GOOD criminal attorney, if dad is paying that is. Because (and I'll give you a BIG hint here) as one criminal attorney I worked for used to say "You're only as guilty as how much money you have". He should know, he did criminal law for a living and was darned good at it. Have your dad throw several thousand at a good attorney and see what "miracles" that guy can do. Sounds like your other attorney is NOT driving the bus, but is a mere passenger in this scenerio. And don't just correspond via email but by TELEPHONE instead. And sharing your attorney's emails is NOT a very good idea either. If that guy knew you shared his emails with us (total strangers) I'm sure he'd be worse than upset.

Thanks I appreciate it, from what I dug up so far does it sound like I may have a chance here and should I provide everything I dug up to him?

Quote:

Originally Posted by antney210

Thanks I appreciate it, from what I dug up so far does it sound like I may have a chance here and should I provide everything I dug up to him?

Couldn't hurt and could save some $ seeing as you did his legwork for him. Hope you're calling him up and then following up with a face to face meeting. You only have 2 weeks so be sure to go and see him to make sure he's properly handling your case for you. Don't just rely on emails as they can be cut and pasted from another client.

http://www.interstatecompact.org/LinkClick.aspx?fileticket=s_Jjx-R-fhU%3d&tabid=165&mid=528

can you go to page 65 and 66 and tell me exatly how that can help me? PLEASE

Quote:

Originally Posted by antney210

can you go to page 65 and 66 and tell me exatly how that can help me?? PLEASE

Hello again, a:

I don't know if it helps or it doesn't.. I WISH I was better at interpreting legalese, but that's what your attorney is for.

excon