What canI do in order to transfer my misdemeanor probation out of state?
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What canI do in order to transfer my misdemeanor probation out of state?
Asked on December 16, 2011 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your PO will have to approve the move. So ask them what your state's requirments are for a transfer. Then be sure to show your PO that you have/will meet them. The stronger the case that you can make regarding your move the better. For example, have a place to live, a job lined up, etc. (and have proof). This should make things easier. If not, then you'll probably have to stay in the state in which you currently live.
Technically, if your original PO does not want to give you authorization to transfer, you may appeal the decision with the judge who presided over your proceedings. However, generally they rule on the side of the PO in these matters. So, if it comes to it, you would need to show that the decision places you at extreme hardship, as well as demonstrate 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: Transferring probation out of state also requires the agreement of the "receiving state". This means that the state that you want to move to must agree to put you on probation there.
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