Can you move from TX to AK while on probation for a 3rd DUI?

Asked almost 5 years ago - Houston, TX

My boyfriend has a felonious DWI conviction with 2 years of probation remaining. We are seeking to marry but would like him to be able to move to Alaska. He was told it would not be allowed by his probation officer.

Attorney answers (3)

  1. Paul Holt Walcutt

    Contributor Level 16

    1

    Lawyer agrees

    1

    Answered . Ultimately, this matter is not up to your boyfriend or his probation officer. It is a decision that first must be approved by the judge and then (or maybe beforehand) by the State of Alaska. If Alaska refuses to accept his supervision, then it doesn't matter what a Texas judge orders, as he or she has no authority to order an Alaskan state agency to do anything.

    He needs to speak with either the lawyer that got him this probation or another criminal defense attorney that practices before that court to discuss whether or not this is a realistic possibility.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

  2. Robert Sterling Guest

    Pro

    Contributor Level 16

    Answered . Paul's answer is correct. First Alaska must agree to accept your boyfriend. Then the judge must approve the transfer.

    I've never had a client transfer to Alaska. Each state has different rules on who they will take, and there are interstate compacts that govern transfers.

    Get a local attorney to advise you on the prospects on transferring to AK.

  3. Carlos Gonzalez

    Pro

    Contributor Level 17

    Answered . The probation officer is correct, he MUST pay his debt to the State and if he does not he can be violated and a prison sentence sought. i would suggest ensuring he meets his oligation.

    WHile i do not practice in your state, many states permit an early release from probation through a motion to the court through an attorney so i would suggest meeting with a local attorney in your area for further discusssion as to your options

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