Asked 5/16/2016 – Austin, TX

I’m waiting on my DUI case in Texas my husband got a great job out of state. I’m pleading guilty, my BAC was high. My lawyer said I could get 18-24 months of probation if I reside in Texas instead of jail time.

I want to be with my husband in Nevada. Do I tell the court about his job and hope that the judge will let me have my probation in Nevada? Can I move my trial to Nevada? Could they grant me a travel so I can visit him often? Or do I live in Texas for a while and try to get the probation moved? Do I go to jail so the time away will be shorter? Are there any other options that I can’t think of?

Answer

It is possible for you to be granted probation by the court in Texas, then have the probation transferred to Nevada. Texas retains jurisdiction, so finalization of the case must occur here (you cannot transfer the TRIAL to Nevada). A travel permit will probably not be necessary should you decide to remain in Texas and occasionally visit your husband; just let your attorney know about your plans and when you will be required to appear in court. Whether you want to have your probation transferred, or if you want to serve jail time is a question to discuss with your attorney and your husband.