I recently was denied a discretionary probation transfer to another state by the receiving state. My wife signed a lease and is going to move since our financial situation is FL is detrimental to our family. I have filed a motion to ask judge to allow a change of residence in another state. Will and can be approve this? I currently report via Mai/phone and probation officer does my visit me at my home.
Per attorneys in Colorado, not much they can do to get a motion in front of a judge since my case is a Florida case, is this accurate?
If the other state refused to accept you as a transfer probationer, then your only hope is to see if Florida will allow supervision by phone/mail reporting. This will have to be worked out with your probation officer first before any motions can be filed by your attorney.
If you leave without approval of your probation officer and the court, you will be violated, and held on no bond until sentencing. Again, you need to get approval of your probation officer for some type of long distance supervision.
Please let me know if this was helpful by hitting the helpful button. Good luck.
The issues of probation enforcement, modification, ET and transfer are all 100% discretionary with the Court - that is to say that the Judge is free to say either yes or no without fear of appellate action... it is entirely the Judge's call. Good mood, bad mood, bias, prejudice, sleep, lack of sleep, etc... all of these intangibles can effect the Judge's attitude and ultimate decision.
Thus, the best way for you to hedge your bet and to accomplish your objective is for you to hire yourself a dialed-in criminal defense lawyer who can stitch together a comprehensive and persuasive packet of materials geared toward skewing the ruling in your favor. As with most things in criminal court, your odds are likely to exponentially increase with a skilled and experienced criminal defense lawyer at the helm. You have taken this most reasonable step and now must await your's Judge's ruling.
That said, in your case, interstate transfer of probation, the approval process is more complicated. Not only do you need your Judge's permission but you also must meet the criteria for transfer pursuant to the interstate compact on adult offender probation. The interstate compact is an agreement that all 50 States subscribe to and which governs the transfer of probation from State to State. You can access their website at the following URL: http://www.interstatecompact.org/
Thus, even if the FL Judge grants you permission to relocate the "target State" still has to accept your transfer of probation. If they do they you are golden but if they don't then your request for transfer will be denied and you are stuck. In this event your options are as follows: 1) You can try to petition the target State (in your case CO) for a waiver vis-a-vis a CO lawyer; 2) You can petition your FL Judge to early terminate (ET) your probation; 3) You can petition your FL Judge to convert you to "administrative" (i.e. "write-in" or "call-in" non-supervisory) probation; or 4) To stay in FL. You have no other options as I see it.
Still, I hope that I have been helpful in answering your question.
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You can hire a south Florida attorney to file a motion to ask the judge to put you on administrative probation where you can move to another state and not have to report. The judge may grant this depending on the severity of the crime and how long you've been on probation.
Daniel M. Berman This is not to be considered legal advice nor does an attorney-client relationship exist.
Transferring probation is not an entitlement. The State has to approve, your judge has to approve, and probation has to approve? Why? Because if you violate in Colorado, Florida has to violate you and will be picked up on a warrant and taken back to Florida with no right to extradition because you waive it. Once back in Florida you are subject to a VOP back in front of the judge who placed you on probation. Colorado has the right to deny taking anyone into their state as well. A lot of people trying to move to Colorado these days. Letting people with probation be transferred in is not a priority there. Get an attorney to fight this for you.
Get counsel. Once your wife is there, perhaps it should be reconsidered.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
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