IF YOU ARE A RESIDENT OF ANOTHER STATE, BE VERY CAREFUL ABOUT ENTERING A PLEA IN GEORGIA

By Ben Sessions on September 6th, 2015 in Criminal Defense

If you reside outside of Georgia and you are considering entering a plea to a criminal charge pending in Georgia, it is absolutely imperative that you consider the impact of the Interstate Commission for Adult Offender Supervision on your sentence.

For a person with a criminal case pending in Georgia and seeking to have their probation or parole transferred to another state, Georgia is the sending state and their home state is the receiving state. If the person resides outside of the state, the receiving state is required to accept the transfer of probation or parole. However, there is discretion on behalf of the sentencing/sending state about whether the probation or parole will be transferred. Below is the general rule of the Interstate Compact regarding the transfer for a resident of another state:

Rule 3.101 – Mandatory transfer of supervision

At the discretion of the sending state, an offender shall be eligible for transfer of supervision to a receiving state under the compact, and the receiving state shall accept transfer, if the offender:

(a) has more than 90 calendar days or an indefinite period of supervision remaining at the time the sending state transmits the transfer request; and

(b) has a valid plan of supervision; and

(c) is in substantial compliance with the terms of supervision in the sending state; and

(d) is a resident of the receiving state; or

(e)(1) has resident family in the receiving state who have indicated a willingness and ability to assist as specified in the plan of supervision; and
(2) can obtain employment in the receiving state or has means of support.

SO, WHAT DOES ALL THIS MEAN IF YOU’RE CONSIDERING ENTERING A PLEA TO A GEORGIA CRIMINAL DEFENSE CASE BUT RESIDE OUTSIDE OF GEORGIA?

You have to know that if you enter a plea to a criminal offense, particularly a felony, there will almost certainly be a period of time during which you are not eligible to leave the state of Georgia.

Currently, in Georgia, we are not seeing the Interstate Compact have any effect on misdemeanor convictions in State Court. State Courts only have jurisdiction over misdemeanor offenses. However, the Interstate Compact suggests that misdemeanor DUI defendant, particularly those facing a 2nd or more DUI conviction, may be subject to the requirements of the Interstate Compact:

Eligibility for Transfer includes:

Sentence or release from incarceration with community-based supervision and the
offender is:

A felon, or

misdemeanant whose sentence includes one year or more of supervision
and the underlying offense includes one or more of following:

(1) an offense in which a person has incurred direct or threatened physical
or psychological harm;

(2) an offense that involves the use or possession of a firearm;

(3) a second or subsequent misdemeanor offense of driving while impaired
by drugs or alcohol;

(4) a sexual offense that requires the offender to register as a sex offender
in the sending state.

If you have questions regarding the effect a criminal conviction may have on your ability to relocate, contact the criminal defense attorneys at The Sessions Law Firm. We may be reached at (470) 225-7710.

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