Is it possible for someone who is about to start probation for a year in one state ask to be on probation in another state instead?
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Is it possible for someone who is about to start probation for a year in one state ask to be on probation in another state instead?
And do the same amount of time and same laws just in a different state?
Asked on November 29, 2012 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Typically, a probationer is allowed to transfer their probation from one state to another. However, their probation officer will have to approve. So ask your PO what the state's requirements are for moving (get them in writing) and then show your PO that you have or can meet them. The stronger the case that you can make, the better. If you can't fo this, then you'll probably have to stay put.
Technically, if your PO doesn't want to give you authorization to transfer you may appeal the decision with the judge who presided over your case. Generally speaking, however, judges rule on the side of the PO in these matters. So you would need to show that the decision places you at an extreme hardship.
Further, 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 for probation.
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