Can we still move to Germany while my husband is on probation for a felony?

Assuming that he either pleads guilty or is found guilty; and, that he is then sentenced to probation, the issue of whether the probation could be supervised long-distance, would be up to the Judge and the State probation office. An additional issue for him to consider is the position Germany would take in regards to the conviction/probation, in regards to him entering/residing in Germany. Good luck.

DISCLAIMER: I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

I have a slightly different take on this than my colleague. IMHO, no state would release a probationer to a foreign country and no foreign country would impose US probationary terms on one of its residents or citizens. Moreover, with a felony on his record, even a felony arrest, Germany is going to have questions about whether or not it wants to accept your husband should he leave the US despite his probation. Of course if he did that, a GA court would impose a sentence for a violation of probation and your husband would be in deeper trouble. You should let the US case play itself out before any return to Germany.

Perhaps the first question is, what type of a possession charge? Is it possession of a nominal amount of marijuana, or something like cocaine or heroin. Is your husband a "first offender", and is there a diversion or drug treatment program available? Are there defenses to the charge?

I don't know that I agree with my colleagues statement that a state court would never authorize a probationer to move to a foreign country. Courts, probation departments, treatment programs are all struggling, and this is an issue that must be discussed with the attorney in the state and locale who would have a better sense as to whether the Court might be agreeable to allow the probationer to travel, for example, with proof that he is participating in treatment abroad.

However, as has been pointed out, the bigger issue may be the laws and regulations re immigration to Germany. You will want to consult with an attorney in Germany.

Make sure your husband discusses with his state criminal defense attorney this important issue before resolving his case.