My fiancee was just sentenced to two years DOC and two years probation in FL. His plea agreement states that his probation is to be immediately transferred to GA upon release from DOC. I know FL cannot make GA accept his transfer, the same as GA could not make FL accept MY probation transfer to FL. He has never resided in GA before, but we have decided that it was best if I moved out of the state of FL while he is away and he no longer wants to live there either. He spoke with a woman from the probation office today after sentencing and she said the only way he could be transferred is if we got married. Is this true and is there anything I can do or someone I can talk to while he's in prison to prepare for this transfer so that everything goes smoothly?
Divorce / Separation Lawyer
Interesting question. The state will force you to get married . . . well, for how long. What if you want to get divorced? You were told this in Florida or by a Probation official in one of the counties in and around Augusta - Richmond, Columbia, Burke? So he moves to GA after release pursuant to the court order that says he shall do so. What Florida violate him for that? Would Georgia? Georgia would not have a case on him if they don't accept him. That places a burden on your fiancee to do something that is impossible for him to accomplish: make Georgia probation accept him. But the sentence should be examined carefully and any attachments or conditions. Legal guidance is necessary.
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Georgia usually had no problem accepting probationers, you just need to figure out where you live and call the felony probation office there to see what they need. Your problem seems to lie with the Florida probation officer, who is looking at this as if you did not include this in the plea, so it would be in their discretion. If it was part of the sentence, it would not be in the probation officer's discretion. Being in the plea bargain is one thing, but it would not bind probation unless that language was also in the sentence signed by the Judge. Sometimes, not all of the details are included. You need to find out and show it to probation if it is in the sentence. If not, get with an attorney in Florida to get the sentence amended or corrected to force the probation officer's hand.
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Your fiancee needs a lawyer. There are too many factors and variables to give a more meaningful response to your question.
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