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Can a dui probation in California be transferred to Texas?

Fulshear, TX |

Our son who is bipolar was sentenced to 3 years probation in CA for misdemeanor DUI. He has been incapable of attended the court ordered 15 week alcohol class due to bipolar episodes. Can we transfer the probation to TX where the family lives in order to supervise his health?

Attorney Answers 4

Posted

Having looked at your comments to the previous answers it appears that you need to post this question in California. You can get some great direction from this site and possibly meet with some of the attorneys who provide you with options. In the end if probation does not approve the transfer your attorney can file the appropriate paperwork to ask the judge to instruct probation to work on the transfer.
Good luck and your son s lucky to have loving family members supporting him.

Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.

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Asker

Posted

Thank you so much for your guidance! Your supportive remarks are especially comforting! Yes, I actually need to determine whether "probation" is the judge, or separate from the judge as a department. I thought it was just between the judge and my son and at the designated date set for fulfilling requirements he would have an audience with her again or simply attain her seal of approval for completion

Asker

Posted

Continued....your post gave me a logical starting point for clarification and action. I think that you must be an excellent attorney and person. Mt sincere thanks for taking time for me and my family!

Bobby Dale Barina

Bobby Dale Barina

Posted

Thank you for your kind comments

Posted

Possibly. He has to ask his California PO. Then he has to apply through the Interstate Compact and Texas has to accept him. It seems like a good reason to me, but with probation you just never know.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Posted

He has no probation officer.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I guess he's going to have to contact the court directly then or hire an attorney to help him do it. The application has to go through the probation department.

Asker

Posted

His probation is summary type. Thank you. I have been attempting to contact his original lawyer with no success this week.

Posted

You need to contact the California office supervising your son. It is harder to transfer misdemeanor probationers than felony probation because many states do not extradite for misdemeanors. As an experienced Austin probation lawyer it has been my experience that it may be possible but it's not automatic.

www.austincriminaldefenseattorney.com

www.austincriminaldefenseattorney.com

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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Posted

Thank you for your answer.

Posted

"Incapable" is not a good answer. He signed up for the probation with the terms which means he agreed to them. He needs to get in compliance ASAP, and then he is in a better position to as for a transfer.

The fact that his probation is 3 years suggests that he has a criminal history.

He needs a California lawyer helping him before he ends up getting his probation revoked.

Cynthia Henley
713-222-1220

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Posted

He has no criminal history. He has no probation officer. This involved a case of DUI where there was minor injury to a party to the car accident so 3 years was the minimum probation by California law. He was charged with felony DUI because a party to the car accident was injured and it was reduced to misdemeanor DUI as the injury was minor.

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