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Can we move states with a felony

Lees Summit, MO |

my husband has been on probation for about 2.5 years for a drug felony we want to move to colorado to live with my dad. can we even though his family is not there just mine. he hasnt been in any trouble except 1 dirty UA. which was over a year ago.

he is suppose to do 5 years we were thinking of just transfering his probation ut to colorado. and nobody who lives with my dad is a felon.

Attorney Answers 4


  1. Your husband needs to call his probation officer and ask if they will allow him to transfer his probation to Colorado.

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  2. His ability to move would be at the discretion of his probation officer and the Court. Contact the probation officer to ask about this move and explain your situation.

    *** If you like my answer, please mark it as the best answer.

    Sincerely,
    C. Curran Coulter II, J.D.
    Attorney and Counselor at Law
    THE COULTER LAW FIRM, LLC
    8000 Maryland Ave., Suite 1060
    St. Louis, Missouri 63105
    www.stl-lawfirm.com
    Office: (314) 721-1116
    Fax: (314) 725-1026
    curran@stl-lawfirm.com

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Missouri and the United States District Court for the Eastern District of Missouri. Responses are based solely on Missouri law unless stated otherwise.


  3. I agree with the other attorney. If the PO doesn't agree, you can have an attorney file a motion with the court to amend probation to allow for the transfer. you will have to transfer the probation over there.

    NEVER describe your facts in an online forum. I have CONFIRMED there is at least ONE county prosecutor that is a member of this site. My statements are my opinion solely based on the information provided, and that opinion can be wrong if your facts are different than what I believed them to be. If you have any further questions, you can contact me at 636-532-1400 or through my website http://mcmichael-logan.com


  4. The other attorneys have mentioned that you need to discuss this with your husbands probation officer. But a couple of considerations that the other attorneys did not mention need to be addressed. Not only does your PO here have to allow the move, you must apply for an Interstate Transfer. In doing so the Colorado Probation and Parole Office must accept supervision of you. In my experience, Colorado routinely will do that, but some states are more difficult than others.
    Another thing you can consider at this point of your husbands probation is trying to get him discharged from probation with what is called earned compliance credits. A new law passed last August allows a probationer to get 30 days off his probation for every 30 days he or she goes without a violation. If your husband has only had one violation in 2 and 1/2 years, he could be close to being discharged from probation if given earned compliance credits. If his PO won't agree to it, you can hire an attorney to file the motion. If granted, you and your husband of course are free to move wherever you want.
    Best of luck!

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