When it comes to violating your transferred probation what state has the right on you? the state transferred from or your new?

Asked 11 months ago - Mountain Home, AR

my husband transferred his probation to AR from TX over a year ago and was to do 2years for a felony on a poss of marijuana. last month he violated his probation with a charge of felony in poss. of a firearm. now what state has right to have him in prison? texas has a hold on him but is still currently in AR jails.

Attorney answers (2)

  1. Claiborne Hambrick Ferguson


    Contributor Level 15


    Lawyers agree

    Answered . the court that sentenced him, and therefore that court's state has jurisdiction over him. Sounds like TX has got priority over him.

    www.midsouthcriminaldefense.com Claiborne H. Ferguson, Esq. is * Certified as a Specialist in... more
  2. Bart Charles Craytor

    Contributor Level 17


    Lawyer agrees

    Answered . I agree with Mr. Ferguson. The sentencing state has the jurisdiction. Depending on the violation the new state may also have jurisdiction (i.e. a new offense committed in the new state forms the basis of the violation of the terms and conditions of probation.) Good Luck

    Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or... more

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