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How to Transfer Home Detention Between Counties

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  • 04-01-2013, 01:44 AM
    DzzyPrncss
    How to Transfer Home Detention Between Counties
    My question involves criminal law for the state of: California (more specifically, San Joaquin County and Stanislaus County)

    Good evening. I was convicted of Welfare Fraud on 12/26/12. This was my first offense (I actually committed the crime in 2006) and I pled guilty. I was given a sentence of 4 years; 2 years probation, 2 years served at half time at the local county jail (San Joaquin County). My criminal defense lawyer had assured me that the county jail was so over-crowded that I would be out within a month. I took the first "deal" offered on advisement of my lawyer. I was remanded and taken to jail at my last court date.

    Shortly after entering jail, I was informed that I was considered "AB109" and would then be required to serve the entire year of my sentence and could not be released due to over-crowding. Obviously that was a huge shock as my lawyer told me otherwise and never mentioned the AB109 law to me.

    I applied for the only "release option" available to me which was Home Detention, AKA Electronic Monitoring Program (EMP). All paperwork for EMP stated I had to reside in San Joaquin County to be released on home detention. I live in Stanislaus County with my husband and 10 month old son. Luckily, I have wonderful in-laws who are allowing me to use their residence during my home detention. We get along fine, but I would still prefer to go home to my husband and new baby.

    I was told by one of the Sheriff's department officers that check in on me that I could have applied for a county transfer of the home detention if I would have chosen to turn myself in rather than be remanded at court. My lawyer never presented that option to me.

    Is there any way that I could apply for a transfer to my resident county? Would I be able to write some high muckity muck at the Sherrif's Department to request this? Any advice would be helpful. I have no idea what I am doing and I feel like my lawyer took my money and gave me very bad advice.

    Thank you!
  • 04-03-2013, 12:14 PM
    Mr. Knowitall
    Re: How to Transfer Home Detention Between Counties
    As home detention in these circumstances is county-by-county, I haven't stumbled across a way to get your supervision transferred. Perhaps somebody will pass by who has experience with your county, or perhaps you could try calling some local criminal defense lawyers to see what they have managed to accomplish in similar cases.
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