How Does a Criminal Case get Transferred to Another State?

In any vacation destination, local authorities and attorneys are used to handling criminal cases involving people who reside permanently in other states. The questions is: do you have to come back to Colorado in order to resolve your case and complete the terms of your sentence? The short answer is that it depends on the type and level of criminal case.

For many misdemeanor and petty offenses, it is possible to have your case handled entirely by a local attorney, such as one of the criminal defense attorneys at Kalamaya | Goscha, without ever having to return to Colorado.

However, for more serious criminal cases or cases where you are placed on bond, you will have to appear, at a minimum, at the final disposition. You will also need to comply with any terms of your bond in the state where you reside.

If you are ultimately sentenced to a felony, your probation is eligible to be transferred to your home state through the Interstate Compact. Similarly, if you are sentenced to certain types of violent misdemeanors, or a misdemeanor offense involving a second or subsequent driving under the influence charge, your probation is eligible to be transferred to your home state.

If you receive probation relating to a non-qualifying misdemeanor, then probation will not be eligible to be transferred to your home state. This means that the Court will need to review your file to ensure you have completed any conditions of your sentence and complied with probation.

Applying for transfer of probation to another state is a complicated process. Let the experienced criminal defense attorneys at Kalamaya | Goscha help guide you.