I was planning this move before I was arrested. Can I move and start my probation or finish my case in Michigan?
Criminal Defense Attorney
You can start your probation in Florida and have it transferred to Michigan. At least your first check in with probation would be in Florida. Florida can file paperwork to try and transfer the supervised probation to another state so you very well could finish it in Michigan.
This is not to be considered legal advice nor does an attorney-client relationship exist.
The system permits transfers of probation between states under the conditions of the Interstate Compact Commission. There are certain requirements that you must meet to transfer to Michigan. Some simple ones are: Do you have family in Michigan? or, Do you have a job in Michigan? The Court can also assist you in the process by placing on the record that the Judge would have no objection to the transfer.
Criminal Defense Attorney
You and/or your attorney can transfer your probation to Michigan. Check with your po.
The answer is maybe. In felony cases, States can accept probation transfers under the Interstate Compact, which is an agreement by and between the States that allows for courtesy supervision of out of state sentences. The reason I say maybe is because you'll need to apply for the transfer and in some cases you'll need to wait what could be a number of weeks to get an answer before you're permitted to leave the state. Some cases and states will allow your provisional move pending approval but not all do, so you'll need to speak with your lawyer about what your case will permit and you need to be prepared for the possibility that Michigan declines your request.
I hope this answer has been helpful. Best of luck!
Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.
First check and see if adjudication is being withheld in Florida, or whether you are being found and adjudicated guilty. You may transfer your probation to Michigan if you were adjudicated guilty but if you had the benefit of a withhold, you would have to re-plead your case and become a convicted felon for the privilege of transferring your probation to Michigan. Is it worth it to you?
Check with your lawyer if you have one, because it might not be worth giving up your right to seal your case and expunge it after 10 years, give up your right to vote or bear arms after 3 years, just to transfer your probation out of state.
The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.