I am currently in the pre trial diversion program for my second dwi. Upon successful completion my felony dwi will be reduced to a misdemeanor and then I will likely be facing 3 years of probation. I have a friend in colorado who will be able to get me a great job in HVAC, with a company that is aware of my criminal background. What are my chances? I will already have a place to stay, and a job to start as soon as I get there.
Any requests to do the transfer must be approved and reviewed by the court of the respective jurisdiction, in your case, Monroe County, NY. Please discuss your need with the criminal defense attorney who initially represented you in that matter.
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Probation ultimately determines if you can transfer. Most but not all states accept transferees BUT they are not required to on misdemeanors. Perhaps, if you can convince the judge that you have a solid opportunity there, he can give you a conditional discharge instead of probation and you can just move there.
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Probation can usually be transferred between jurisdictions. It will be up to the probation departments of both states to make that decision. I would point out though that there is an added part of you being in a pre trial diversion program which means that you may not be on probation yet. Speak with your attorney. S/he would be in a better position to assist you. If you are on probation speak with your probation officer, s/he would be able to make the necessary arrangements.
Talk to the attorney who handled your case. The earlier answers are correct, and that the probation department may well agree to do so under your circumstances, but you must do it through the permission of probation and it is likely as earlier mentioned that both states must agree.it can be a time-consuming process, so I think that you should start the ball rolling immediately. Best wishes,
Bob Brenna Jr.
Brenna Brenna and Boyce PLLC
Rochester, New York 14614
Bob, Robert L. Brenna, Jr. No relationship is intended, agreed upon or accepted by answering this general question Brenna Brenna and Boyce PLLC Rochester, New York [email protected]
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