QUESTION
Can punishment be combined if you have been charge and have a violation of probation in a different state for the same charge?
Asked on Mar 15th, 2014 on Criminal Law - Utah
More details to this question:
We are from California and living in California. When visiting Utah my daughter was arrested, convicted, and sentenced in Utah. She has three years of probation. Since we are from California it was compacted to California. About 6 months later she got in trouble in California with the same charge and now she is in violation of probation from Utah and new charges from California. Is she supposed to go back to Utah after jail in California and do the jail in Utah also or both punishments can be combined?
2 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You would have to get both states to agree and it is unlikely that the court you are not in will deal with the case until you show up in that state court.
Answered on Mar 18th, 2014 at 5:09 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Utah has no jurisdiction in California, and California has no jurisdiction in Utah. If Utah imposes jail, it will have to be served in Utah, unless the states agree under a compact statute to allow her to serve her jail in California. You can always ask one of the judges to let her serve time concurrently, but this is not done very often when two different states are involved.
Answered on Mar 17th, 2014 at 9:49 AM