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

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

Posted

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 Criminal Trial Advocacy by the National Board of Trial Advocacy. * Certified as a Specialist in Criminal Trial Advocacy by the Tennessee Commission on Continuing Legal Education and Specialization.

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Posted

Is there a time limit Texas has to get him?

Claiborne Hambrick Ferguson

Claiborne Hambrick Ferguson

Posted

it takes time to arrange transport, could be up to 60-90 days. He needs to make sure he gets credit for the time.

Posted

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

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