CanI transfer out of state if on probation?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

CanI transfer out of state if on probation?

I’m on formal probation for 3 years. Can I transfer out of CA to OH. If so, how do I do it?

Asked on October 30, 2010 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Typically, you are allowed to transfer your probation from one state to another but it is not as simple as that.  Your probation officer will have to approve.  So ask your PO what your state's requirments are for moving (get them in writing); then show your PO that you have met them.  The stronger the case that you can make regarding your move the better. For example, inform them that you have a place to live, a job lined up, etc. - and have proof.  This should make things easier for you. If not, then you'll probably have to stay where you are. Technically, if your original probation officer does not want to give you authorization to transfer to another state, you may appeal the decision with the judge who presided over your trial. Typically, however, judges rule on the side of the PO in these matters. You would need to show that the decision places you at extreme hardship at the very least in such a case. Still it's worth trying. You'll have to demonstrate to the court that all state transfer requirements have been met. So have all of your proof and backup documentation with you (neat and organized) when you appear before the judge.

Note: You should be aware that transferring probation from one state to another also requires the agreement of the receiving state. This means that the state that you want to move to must agree to accept you and put you on probation there.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption