Can a Lawyer Help Transfer My Probation to Another State?
- The offender must submit her reasons for transfer to her supervising probation officer. She will usually be asked to provide proof to validate the reason for her transfer, such as doctor and medical records, a letter from an employer or residence verification. The supervising probation officer will then submit her paperwork to the receiving state. The probationer must agree to comply with all terms and conditions of probation set forth by both states. There may be additional fees associated with a transfer. Should the offender violate probation terms while in another state, she agrees to extradition.
- While a probationer does not need a lawyer to transfer his probation to another jurisdiction, the lawyer can provide valuable information to both the sending and receiving probation departments. Because the probation departments of two states are involved, legal personnel can help navigate the sometimes confusing system, which will vary between locales.
- Valid reasons for a transfer to another state vary by locale. The receiving state makes the final decision on whether to accept or deny the transfer. Usually, if the probationer resides in the accepting state, needs to attend school there, has support or family there, has gainful employment waiting for him or has a medical emergency requiring the transfer, the receiving state will permit him to transfer his probation there.
- Some states will not accept transfers of any type of sex offenses. If the offender only has six months or less left on the probation grant, the receiving state may not complete the paperwork before the person's probation expires. For brief stays, up to 45 days, the probationer may request a travel permit, which allows her to travel to a specific locale for a specified period of time. Some probation departments will consider an early termination of probation provided the offender has complied with all probation terms and has completed more than half of her probation term.
Process Overview
Legal Help
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