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Can we transfer my daughters 3 year probation from NY to FL she already did 1year 6 months we have moved ?

Merrick, NY |

she has a 3 year probation with breath azyer trying to transfer or get off early is it at all possible

Attorney Answers 5

Posted

Yes, you can transfer her supervision to Florida. You can also make a motion to the sentencing judge for early termination of probation

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Posted

You have to speak to probation about this.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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Posted

Information regarding the New York State Probation Interstate Compact can be found at the link provided below.

The information provided is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. The information is not guaranteed to be correct, complete, or current. I make no warranty, expressed or implied, about the accuracy or reliability of the information. You should not act or rely on any information at above without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisement

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Posted

Transferring misd probation used to be state to state specific. But recent changes have now made transferring probation especially difficult if not impossible. Felony probation is the only transferable situation in today's climate. But her best bet is to discuss with probation submitting an early termination to the court since she has been on probation for 18 months I assume without any issues. If she violated in any way that will hamper that request most likely. Or consult/hire an attorney to help with the motion to the court if probation says no or it's not up to them.

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Robert F. Schalk

Robert F. Schalk

Posted

Additional info from probation website: Inter-State transfer of Probation occurs when an Offender has been convicted and sentenced in one STATE and would like or needs to transfer to another STATE. All Inter-State transfers occur using a federal clearing house for information and transmittal of documentation and communication. The federal medium by which all documentation and communication occurs is called the Interstate Compact Offender Tracking System (ICOTS). All applications for transfer must be submitted through this federal intermediary along with all supporting documentation and communication must also occur through this electronic means. The Offender / Probationer should plan on allowing sufficient time, six to eight weeks, for completion of the transfer process once the application has been submitted. Nearly all of these types of transfers which occur are for FELONIES, in rare occasions it is possible that a Misdemeanor conviction and sentence of Probation can be transferred. Per federal guidelines, counties and therefore states are typically NOT permitted to transfer misdemeanor convictions and subsequent sentences resulting in Probation. For these types of transfers there are certain criteria which are required to be met prior to application for transfer. First, an Offender MUST be in full compliance with their conditions of Probation and have no pending legal issues requiring their return to Oneida County. Second, the Offender must have a verifiable residence to the state in which they would like to transfer. Third, there should be a close family relative residing in the state to which the Offender would like to transfer. And while the federal guidelines do not require the relative to be “immediate” family, it is understood that the relative should be someone of significance, i.e. a spouse, parent, child, etc. Under the ICOTS standards, a boyfriend or girlfriend is NOT considered immediate family. Next, the Offender must have a “means of support” indicating an ability to care for oneself without the aid of Public Assistance. More specifically ICOTS generally requires secured and verifiable employment as the “means of support” prior to application for transfer. However, in limited scenarios regarding the need for transfer as requested by the Offender, this may also mean the family member residing in the state the Offender wishes to transfer TO can and / or will support them by providing housing and food for them, or the Offender may provide documentation demonstrating the Offender is legally disabled. Lastly, as part of the application process the Offender would need to waive extradition back to New York State in the event there were any additional criminal proceedings against the Offender be it in New York or the state they were transferred to. While it is not required in all states, such as New York, many states charge a supervision fee to their Probationers and if the Offender is transferred to such a state that mandates a supervision fee, the Offender would be required to pay that fee despite being transferred to the receiving state. **One notable exception to the criteria requirements which results in an automatic transfer of Probation supervision between states: if the Offender is an active member of the military such transfer requests cannot be denied and are automatically granted. Time and documentation are still required to complete the transfer process, but the transfer will be granted barring any other criminal proceedings against the Offender / Probationer.

Posted

It is possible, but difficult. If she has been successful on probation thus far (meaning no violations) she may be able to be released early. She should discuss her options with her probation officer.

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