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?
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.
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DUI / DWI Attorney
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.
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Criminal Defense Attorney
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.
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Criminal Defense Attorney
"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.