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.
Speeding / Traffic Ticket Lawyer
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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Divorce / Separation Lawyer
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.
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C. Curran Coulter II, J.D.
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2 lawyers agree
Criminal Defense Attorney
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.
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DUI / DWI Attorney
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!