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Who do I talk to to transfer felony probation from Florida to Georgia?

Augusta, GA |

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?

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Attorney answers 3


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.

No attorney-client relationship implied or accepted without a signed fee agreement. This response is theoretical only and for purposes of discussion. Attorney is not liable for any opinion expressed herein.



He was told that by a probation officer on Florida. Would it be best to speak with the probation office in Augusta? I know a few of the officers in the area he would be moving to as I was on probation in the same area and was transferred to FL. The GA courts said that if I hadn't had a FL license, they would have denied my transfer. My next question is will FL most likely do the same thing?

Horace Kimbrell Sawyer III

Horace Kimbrell Sawyer III


As I implied, it sounds rather ridiculous. Talk to whomever, but you may get 5 different answers. You're dealing with two states and probation. Who knows what they will do. The issue is what will he do when the time comes to act; knuckle under to what some probation officer somewhere says, or stand on his rights.


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.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


Your fiancee needs a lawyer. There are too many factors and variables to give a more meaningful response to your question.

Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you have executed a written fee contract with Troy Marsh, P.C. dba The Marsh Law Firm, Troy W. Marsh, Jr. owes you no duty, and you are not a client of Troy W. Marsh, Jr.

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